[Congressional Record Volume 164, Number 185 (Monday, November 26, 2018)]
[Senate]
[Page S7091]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 706--TO AUTHORIZE REPRESENTATION BY THE SENATE LEGAL 
COUNSEL IN THE CASE OF JACOB R. KENT, ET AL., V. R.L. VALLEE, INC., ET 
                                   AL

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

                              S. Res. 706

       Whereas, in the case of Jacob R. Kent, et al., v. R.L. 
     Vallee, Inc., et al., Case No. 617-6-15, pending in the 
     Superior Court of Vermont in Chittenden County, defendant 
     R.L. Vallee, Inc. has issued a deposition subpoena for 
     testimony and documents to Daniel McLean, an employee in 
     Senator Sanders' office;
       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 Members, officers, and employees 
     of the Senate with respect to any subpoena, order, or request 
     for testimony or documents 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: 
     Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Sanders' office and Mr. McLean in this 
     matter and in all proceedings related to it.
  Mr. McCONNELL. Mr. President, on behalf of myself and the 
distinguished Democratic leader, Mr. Schumer, I send to the desk a 
resolution authorizing representation by the Senate Legal Counsel and 
ask for its immediate consideration.
  Mr. McCONNELL. Mr. President, this resolution concerns a State court 
civil case alleging price fixing in gasoline markets in northwest 
Vermont, in which one of the defendants has issued to an employee in 
Senator Sanders' Burlington, Vermont office a deposition subpoena for 
testimony and documents arising out of his Senate duties. Senator 
Sanders is opposing this subpoena on grounds of sovereign immunity and 
the absolute immunity afforded the Senator and his staff under the 
Speech or Debate Clause, as well as for imposing an undue burden. This 
resolution would authorize the Senate Legal Counsel to represent 
Senator Sanders' office and his employee and to move to quash the 
subpoena.

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