[Congressional Record Volume 158, Number 47 (Wednesday, March 21, 2012)]
[Senate]
[Pages S1944-S1945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AUTHORIZING SENATE LEGAL REPRESENTATION

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to S. Res. 403, submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 403) to authorize testimony, document 
     production, and legal representation in United States v. 
     Richard F. ``Dickie'' Scruggs.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns testimony, document 
production, and representation in a criminal matter pending in the 
United States District Court for the Northern District of Mississippi. 
In this post-conviction proceeding, the defendant, Richard F. 
``Dickie'' Scruggs, is seeking to have his honest-services fraud 
conviction vacated based on the Supreme Court's intervening decision in 
the case of United States v. Skilling.
  The criminal conviction, which resulted from a guilty plea, involved 
the defendant's scheme to bribe a State judge by agreeing to ask 
Senator Lott to consider the State judge's application to fill a 
federal judicial vacancy. The defense is seeking testimony from a 
former staffer of Senator Lott about a brief phone conversation between 
the Senator and the State judge. Neither Senator Lott nor anyone on his 
staff was aware of the defendant's scheme.
  The defense is also seeking testimony and document production from a 
staffer of Senator Cochran about contacts with Senator Cochran's office 
by or on behalf of the State judge in his efforts to obtain a federal 
judgeship.
  Both Senators Lott and Cochran would like to assist by providing 
relevant evidence from their staff in this proceeding. This resolution 
would accordingly authorize Senator Lott's and Cochran's employees, and 
any other Senate employee from whom evidence may be necessary, to 
provide evidence in this action, with representation by the Senate 
Legal Counsel.
  Mr. DURBIN. 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 any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 403) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              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

[[Page S1945]]

     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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