[Congressional Record Volume 163, Number 90 (Wednesday, May 24, 2017)]
[Senate]
[Pages S3148-S3149]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 178--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND 
           REPRESENTATION IN UNITED STATES V. KEVIN LEE OLSON

  Mr. McCONNELL (for himself and Mr. Schumer) submitted the following 
resolution; which was considered and agreed to:
  Mr. McCONNELL. Mr. President, on behalf of myself and the 
distinguished Democratic leader, Mr. Schumer, I send to the desk a 
resolution authorizing the production of testimony and

[[Page S3149]]

documents, and representation by the Senate Legal Counsel, and ask for 
its immediate consideration.
  Mr. McCONNELL. Mr. President, this resolution concerns a request for 
testimony and documents in a criminal action pending in North Dakota 
federal district court. In this action, the defendant is charged with 
sending to Senator Heitkamp an e-mail threatening to kill or injure 
her. A trial is scheduled for June 6, 2017.
  The prosecution is seeking for introduction into evidence at trial 
documentary evidence from the Senator's office, including the e-mail at 
issue, as well as testimony from the Senator's correspondence manager. 
Senator Heitkamp would like to cooperate by providing such relevant 
evidence. The enclosed resolution would authorize that staffer, and any 
other current or former employee of the Senator's office from whom 
relevant evidence may be necessary, to testify and produce documents in 
this action, with representation by the Senate Legal Counsel.

                              S. Res. 178

       Whereas, in the case of United States v. Kevin Lee Olson, 
     Cr. No. 17-26, pending in the United States District Court 
     for the District of North Dakota, the prosecution has 
     requested the production of testimony and documents from 
     Kobye Noel, an employee in the Washington, D.C. office of 
     Senator Heidi Heitkamp;
       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 or 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 Kobye Noel, an employee in the Office of 
     Senator Heidi Heitkamp, and any other current or former 
     employee of the Senator's office from whom relevant evidence 
     may be necessary, are authorized to testify and produce 
     documents in the case of United States v. Kevin Lee Olson, 
     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 Heitkamp's 
     office in connection with the production of evidence 
     authorized in section one of this resolution.

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