[Congressional Record Volume 165, Number 44 (Tuesday, March 12, 2019)]
[Senate]
[Page S1798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 107--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                        UNITED STATES V. TAUBERT

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

                              S. Res. 107

       Whereas, in the case of United States v. Taubert, Cr. No. 
     19-21, pending in the United States District Court for the 
     Northern District of New York, the prosecution has requested 
     the production of testimony from Erin Kurvers, an employee of 
     the office of former Senator Al Franken;
       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 Members and 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 Erin Kurvers, a former employee of the 
     Office of Senator Al Franken, and any other former employee 
     of the Senator's office from whom relevant testimony may be 
     necessary, are authorized to testify in the case of United 
     States v. Taubert, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Senator Franken and any former employees of his 
     office in connection with the production of evidence 
     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 the production of testimony and representation 
by the Senate Legal Counsel, and ask for its immediate consideration.
  Mr. President, this resolution concerns a request for testimony in a 
criminal action pending in New York Federal district court. In this 
action the defendant is charged with making threats, in the course of 
telephone calls to former Senator Al Franken's office, to kill and 
inflict bodily harm upon a former President of the United States. A 
trial is scheduled for March 18, 2019.
  The prosecution is seeking testimony from one of the Senator's former 
staff assistants who heard the statements at issue. Senator Franken 
would like to cooperate with this request by providing relevant former 
employee testimony from his office.
  The enclosed resolution would authorize that staffer, and any other 
former employee of the Senator's office from whom relevant testimony 
may be necessary, to testify in this action, with representation by the 
Senate Legal Counsel of such staffers and Senator Franken.

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