[Congressional Record Volume 155, Number 122 (Thursday, August 6, 2009)]
[Senate]
[Page S9046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 250--TO AUTHORIZE TESTIMONY AND LEGAL REPRESENTATION 
          IN PEOPLE OF THE STATE OF CALIFORNIA V. AMIR SHERVIN

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

                              S. Res. 250

       Whereas, in the case of People of the State of California 
     v. Amir Shervin, No. 05-221878, pending in Superior Court in 
     Alameda County, California, the prosecution has sought 
     testimony from Eric Vizcaino, an employee of Senator Barbara 
     Boxer;
       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 an employee 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 Eric Vizcaino and any other employee of 
     Senator Boxer's office from whom testimony may be necessary 
     are authorized to testify in the case of People of the State 
     of California v. Amir Shervin, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     employees of Senator Boxer's office in connection with the 
     testimony authorized in section one of this resolution.

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