[Congressional Record Volume 156, Number 162 (Thursday, December 9, 2010)]
[Senate]
[Page S8715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 699--TO AUTHORIZE TESTIMONY AND LEGAL REPRESENTATION 
IN CITY OF ST. PAUL V. IRENE VICTORIA ANDREWS, BRUCE JEROME BERRY, JOHN 
      JOSEPH BRAUN, DAVID EUGENE LUCE, AND ELIZABETH ANN McKENZIE

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

                              S. Res. 699

       Whereas, in the case of City of St. Paul v. Irene Victoria 
     Andrews, Bruce Jerome Berry, John Joseph Braun, David Eugene 
     Luce, and Elizabeth Ann McKenzie, Case No. 10-071-634, 
     pending in Ramsey County District Court in St. Paul, 
     Minnesota, the prosecution has sought testimony from Shelly 
     Schafer, an employee of Senator Al Franken;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. 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 Shelly Schafer is authorized to testify in 
     the case of City of St. Paul v. Irene Victoria Andrews, Bruce 
     Jerome Berry, John Joseph Braun, David Eugene Luce, and 
     Elizabeth Ann McKenzie, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Shelly Schafer, 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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