[Congressional Record Volume 155, Number 15 (Monday, January 26, 2009)]
[Senate]
[Pages S849-S850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       AUTHORIZATION OF TESTIMONY

  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 21 submitted 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 21) to authorize testimony in the 
     United States of America v. Vincent J. Fumo, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a subpoena for 
testimony in a criminal case against former Pennsylvania State Senator 
Vincent J. Fumo in the United States District Court for the Eastern 
District of Pennsylvania. In this case, Mr. Fumo and two others are 
charged with multiple counts of conspiracy, fraud, obstruction of 
justice, and filing false tax returns. Among the charges is that Mr. 
Fumo, as chairman of the Senate Democratic Appropriations Committee, 
arranged for a friend, referred to as ``Senate Contractor No. 5'' in 
the indictment, to obtain a contract under which he was paid $150,000 
over 5 years, but performed little or no work. To rebut the allegation 
that no work was performed under the contract, the defense has 
subpoenaed Senator Specter's former chief of staff, David Urban, to 
testify as a fact witness at trial as to contracts about and a meeting 
he had with Senate Contractor No. 5 during that 5-year contract. During 
that meeting, which was a typical meeting for a United States Senate 
office, Senate Contractor No. 5 explored possible federal funding for a 
low-income housing project in South Philadelphia. Neither the meeting 
nor the

[[Page S850]]

project itself are the subject of the criminal complaint. Senator 
Specter has no objection to allowing the testimony.
  The enclosed resolution would authorize Mr. Urban to testify in this 
matter.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motions to 
reconsider be laid upon the table with no intervening action or debate, 
and any statements related to the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 21) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 21

       Whereas, in the case of United States of America v. Vincent 
     J. Fumo, et al, Cr. No. 06-319, pending in the United States 
     District Court for the Eastern District of Pennsylvania, 
     testimony has been subpoenaed from David Urban, a former 
     employee of the office of Senator Arlen Specter;
       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 
     David Urban is authorized to testify in United States of 
     America v. Vincent J. Fumo, et al., except concerning matters 
     for which a privilege should be asserted.

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