[Congressional Record Volume 160, Number 30 (Monday, February 24, 2014)]
[Senate]
[Page S1008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 360--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                        UNITED STATES V. ONSTAD

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

                              S. Res. 360

       Whereas, in the case of United States v. Onstad, Crim. No. 
     13-65, pending in the United States District Court for the 
     District of Montana, the prosecution has requested the 
     production of testimony from Tom Lopach, Chief of Staff for 
     United States Senator Jon Tester;
       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 current and former 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; 
     and
       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 Tom Lopach, Chief of Staff for United States 
     Senator Jon Tester, and any other current or former employee 
     of the Senator's office from whom relevant testimony may be 
     sought, are authorized to testify in the case of United 
     States v. Onstad, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent current and former employees of Senator Tester's 
     office in connection with the production of testimony 
     authorized in section one of this resolution.

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