[Congressional Record Volume 155, Number 85 (Tuesday, June 9, 2009)]
[Senate]
[Pages S6391-S6392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. WHITEHOUSE. Mr. President, I now ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 180, 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. 180) to authorize testimony and legal 
     representation in the United States v. Edward Bloomer, Frank 
     Cordaro, Elton Davis, Chester Guinn and Renee Espeland.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony and representation in actions in Federal District Court in 
the Southern District of Iowa. In these actions, protesters have been 
charged with impeding or disrupting the performance of official duties 
by Government employees for occupying Senator Tom Harkin's Des Moines, 
IA office on February 25, 2009, and for refusing requests by the 
Federal Protective Service and the local police to leave the building. 
The prosecution has sought testimony from a former member of the 
Senator's staff who witnessed the relevant events. Senator Harkin would 
like to cooperate by providing testimony from that person. This 
resolution would authorize that person to testify in connection with 
these actions, with representation by the Senate Legal Counsel of her 
and any other employee from whom evidence may be sought.
  Mr. WHITEHOUSE. I ask unanimous consent 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 be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 180) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 180

       Whereas, in the cases of United States v. Edward Bloomer 
     (CVB# H5049055), Frank Cordaro (CVB# H5049056), Elton Davis 
     (CVB# H5049058), Chester Guinn (CVB# H5049093), and Renee 
     Espeland (CVB# H5049095), pending in federal district court 
     in the Southern District of Iowa, the prosecution has sought 
     testimony from Dianne Liepa, a former employee of Senator Tom 
     Harkin;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec.  1A 
     288b(a) and 288c(a)(2), the Senate may direct its counsel to 
     represent former 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

[[Page S6392]]

       Resolved that Dianne Liepa is authorized to testify in the 
     cases of United States v. Edward Bloomer, Frank J. Cordaro, 
     Elton Davis, Chester Guinn, and Renee Espeland, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Dianne Liepa, and any other employee from whom evidence may 
     be sought, in connection with the testimony authorized in 
     section one of this resolution.

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