[Congressional Record Volume 154, Number 175 (Monday, November 17, 2008)]
[Senate]
[Page S10601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 706--TO AUTHORIZE TESTIMONY AND LEGAL REPRESENTATION 
               IN PETER BERGEL V. PACIFIC GAS & ELECTRIC

  Mr. REID (for himself and Mr. McConnell) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 706

       Whereas, in the case of Peter Bergel v. Pacific Gas & 
     Electric, No. 0712-15723, pending in Multnomah County Circuit 
     Court in Portland, Oregon, the defendant has requested 
     testimony from Denise Racanelli, an employee in the office of 
     Senator Gordon Smith;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent employees of the Senate with respect to any 
     subpoena, order, or request for testimony relating to their 
     official responsibilities;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     may, by the judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistent with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Denise Racanelli is authorized to testify in 
     the case of Peter Bergel v. Pacific Gas & Electric, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Denise Racanelli in connection with the testimony authorized 
     in section one of this resolution.

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