[Congressional Record Volume 164, Number 58 (Wednesday, April 11, 2018)]
[Senate]
[Page S2076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 457--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
 KUWAIT & GULF LINK TRANSPORT CO., ET AL. V. JOHN DOE, ET AL. (CT. OF 
                 COMMON PLEAS, CUMBERLAND COUNTY, PA.)

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

                              S. Res. 457

       Whereas, in the case of Kuwait & Gulf Link Transport Co., 
     et al. v. John Doe, et al., Case No. 2012-1820-CIVIL TERM, 
     pending in the Court of Common Pleas for Cumberland County, 
     Pennsylvania, deposition testimony has been subpoenaed from 
     Richard Goldberg, a former employee in the office of Senator 
     Mark Kirk, relating to his 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, 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; 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 Richard Goldberg is authorized to testify in 
     the case of Kuwait & Gulf Link Transport Co., et al. v. John 
     Doe, et al., except concerning matters for which a privilege 
     should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Richard Goldberg in connection with the testimony 
     authorized in section one of this resolution.

  Mr. McCONNELL. Mr. President, on behalf of myself and the 
distinguished Democratic leader, Mr. Schumer, I send to the desk a 
resolution authorizing testimony and representation by the Senate Legal 
Counsel, and ask for its immediate consideration.
  Mr. President, this resolution concerns a civil case pending in the 
Court of Common Pleas for Cumberland County, Pennsylvania, in which 
defense contracting logistics firms based in Kuwait have sued 
competitor firms for defamation and tortious interference for allegedly 
sending false emails to various U.S. government agencies harming the 
plaintiff companies. The complaint asserts that in 2011 representatives 
of the defendants communicated allegedly harmful allegations to a 
number of government agencies and officials, including an employee in 
the office of then-Senator Mark Kirk. Senator Kirk forwarded the 
information for investigation by the Defense and Treasury Departments.
  The plaintiffs issued a subpoena seeking deposition testimony from 
the former Senate staffer about his communications with the defendants' 
representatives about these allegations. Senator Kirk would like to 
cooperate by providing relevant and unprivileged staff testimony about 
these communications.
  Accordingly, consistent with the rules of the Senate and Senate 
practice, this resolution would authorize former Senator Kirk's staffer 
to testify at a deposition. The resolution would also authorize the 
Senate Legal Counsel to represent Senator Kirk's former employee in 
connection with his testimony.

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