[Congressional Record Volume 158, Number 47 (Wednesday, March 21, 2012)]
[Senate]
[Page S1942]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


SENATE RESOLUTION 403--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND 
 LEGAL REPRESENTATION IN UNITED STATES V. RICHARD F. ``DICKIE'' SCRUGGS

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

                              S. Res. 403

       Whereas, in the case of United States vs. Richard F. 
     ``Dickie'' Scruggs, Case No. 3:09 CR 00002 GHD SAA, pending 
     in the United States District Court for the Northern District 
     of Mississippi, the defense has served a subpoena for 
     testimony on Hugh Gamble, a former employee of Senator Trent 
     Lott, and a subpoena for testimony and document production on 
     Brad Davis, an employee of Senator Thad Cochran;
       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 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 Hugh Gamble, Brad Davis, and any other 
     employee from whom testimony may be necessary are authorized 
     to testify, and Brad Davis is authorized to produce 
     documents, in the case of United States vs. Richard F. 
     ``Dickie'' Scruggs, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Hugh Gamble, Brad Davis, and any other employee of 
     the Senate from whom evidence may be sought, in connection 
     with the testimony and document production authorized in 
     section one of this resolution.

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