[Congressional Record Volume 155, Number 122 (Thursday, August 6, 2009)]
[Senate]
[Pages S9060-S9061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 250, submitted 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 250) to authorize testimony and legal 
     representation in People of the State of California v. Amir 
     Shervin.

  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 a criminal action in Superior Court in 
Alameda County, CA. In this action, the defendant is charged by the 
State of California with resisting arrest arising out of an attempt by 
the police to serve him with a warrant requiring his court appearance 
on the charge that, in September 2006, he battered an employee in the 
reception area of the San Francisco office of Senator Barbara Boxer.
  The prosecution has sought testimony from Senator Boxer's employee 
concerning the events that transpired in the reception area of her San 
Francisco office. This resolution would authorize her employee to 
testify in this action, with representation by the Senate Legal Counsel 
of him and any other employee of Senator Boxer's office from whom 
testimony may be necessary.

[[Page S9061]]

  Mr. WHITEHOUSE. 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 that any statements relating to the resolution be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 250) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              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.

                          ____________________