[Congressional Record (Bound Edition), Volume 145 (1999), Part 4]
[Senate]
[Pages 4822-4823]
[From the U.S. Government Publishing Office, www.gpo.gov]




AUTHORIZING LEGAL REPRESENTATION IN DIRK S. DIXON, ET AL. VERSUS BRUCE 
                            PEARSON, ET AL.

                                 ______
                                 

   AUTHORIZING LEGAL REPRESENTATION IN UNITED STATES VERSUS YAH LIN 
                            ``CHARLIE'' TRIE

                                 ______
                                 

AUTHORIZING REPRESENTATION OF SECRETARY OF THE SENATE IN BOB SCHAFFER, 
            ET AL. VERSUS WILLIAM JEFFERSON CLINTON, ET AL.

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
now proceed en bloc to the immediate consideration of 3 legal counsel 
resolutions which are at the desk and numbered as follows: S. Res. 65, 
S. Res. 66, and S. Res. 67.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senate proceeded to consider the resolutions.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
resolutions be agreed to, the preambles be agreed to, and statements of 
explanation appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 65) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 65

       Whereas, in the case of Dirk S. Dixon, et al. v. Bruce 
     Pearson, et al., Civil No. 97-998 (Cass Cty., N.D.) pending 
     in North Dakota state court, testimony has been requested 
     from Kevin Carvell and Judy Steffes, employees of Senator 
     Byron L. Dorgan;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288(a) 
     and 288(a)(2), the Senate may direct its counsel to represent 
     Senators and employees of the Senate with respect to any 
     subpoena, order, or request for

[[Page 4823]]

     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 process, be taken from such control or 
     possession but by permission of the Senate;
       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 consistently with the 
     privileges of the Senate: Now therefore, be it
       Resolved, That Kevin Carvell, Judy Steffes, and any other 
     former or current Senate employee from whom testimony or 
     document production may be required, are authorized to 
     testify and produce documents in the case of Dirk S. Dixon, 
     et al. v. Bruce Pearson, et al., except concerning matters 
     for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Senator Byron L. Dorgan, Kevin Carvell, Judy Steffes, and any 
     other Member or employee of the Senate from whom testimony or 
     document production may be required in connection with the 
     case of Dirk S. Dixon, et al. v. Bruce Pearson, et al.

  Mr. LOTT. Mr. President, S. Res. 65 concerns a request for testimony 
in a civil action pending in North Dakota state court. The plaintiffs 
in this case claim that defendant Pearson defrauded them into paying 
him money in return for promises to alleviate plaintiff' tax liability 
on an investment. In particular, plaintiffs claim that defendant 
Pearson misrepresented the frequency and nature of his contacts with 
two members of Senator Dorgan's staff. Counsel for the plaintiffs wish 
to depose the two staff members to test the accuracy of the defendant's 
representations about their meetings. Senator Dorgan has approved 
testimony and, if necessary, production of relevant documents by his 
staff in connection with this action.
  This resolution would permit these two members of Senator Dorgan's 
staff, or any other current or former employees of the Senate, to 
testify and produce documents for use in this case.
  The resolution (S. Res. 66) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 66

       Whereas, in the case of United States v. Yah Lin 
     ``Charlie'' Trie, Criminal No. LR-CR-98-239, pending in the 
     United States District Court for the Eastern District of 
     Arkansas, documentary and testimonial evidence are being 
     sought from the Committee on Governmental Affairs;
       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 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 process, be taken from such control or 
     possession but by permission of the Senate;
       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 consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That the chairman and ranking minority member of 
     the Committee on Governmental Affairs, acting jointly, are 
     authorized to produce records of the Committee, and present 
     and former employees of the Committee from whom testimony is 
     required are authorized to testify, in the case of United 
     States v. Yah Lin ``Charlie'' Trie, except concerning matters 
     for which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent present and former employees of the Senate in 
     connection with the testimony authorized in section one.

  Mr. LOTT. Mr. President, S. Res. 66 concerns a request for testimony 
in a criminal trial brought on behalf of the United States against Yah 
Lin ``Charlie'' Trie, in the United States District Court for the 
Eastern District of Arkansas. Mr. Trie, who was one of the principal 
subjects of the campaign finance investigation conducted by the 
Committee on Governmental Affairs in 1997, is under indictment for 
obstructing the Committee's investigation, according to the indictment, 
by instructing another individual to destroy and withhold documents 
under subpoena by the Committee.
  This resolution would authorize present and former staff of the 
Committee to testify in this matter, which is scheduled for trial in 
April 1999, with representation by the Senate Legal Counsel, and would 
authorize the chairman and ranking minority member of the Committee, 
acting jointly, to produce records of the Committee, except where a 
privilege should be asserted.
  The resolution (S. Res. 67) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                               S. Res. 67

       Whereas, in the case of Bob Schaffer, et al. v. William 
     Jefferson Clinton, et al., C.A. No. 99-K-201, pending in the 
     United States District Court for the District of Colorado, 
     the plaintiffs have named the Secretary of the Senate as a 
     defendant;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to defend 
     officers of the Senate in civil actions relating to their 
     official responsibilities: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is directed to 
     represent the Secretary of the Senate in the Case of Bob 
     Schaffer, et al. v. William Jefferson Clinton, et al.

  Mr. LOTT. Mr. President, S. Res. 67 concerns a civil action commenced 
in the United States District Court for the District of Colorado by 
Representative Bob Schaffer and three other individuals against the 
President of the United States, the Secretary of the Treasury, the 
Secretary of the Senate, and the Clerk of the House, seeking judicial 
intervention in the payment of salaries to Members of both Houses.
  The action seeks declaratory and injunctive relief against the 
operation of the Ethics Reform Act of 1989, which provides for the 
automatic adjustment of the compensation of Members of Congress on an 
annual basis to reflect changes in employment costs in the preceding 
year, as calculated by the Bureau of Labor Statistics. This is the same 
annual cost-of-living adjustment paid to Federal judges and senior 
executive branch officials and is timed to coincide with the annual 
January 1 adjustment of the general civil service schedule. The issue 
presented in this action was the subject of a lawsuit brought in 1992 
by another Member of the House of Representatives, who sought 
unsuccessfully to enjoin the 1993 congressional COLA, based on the then 
newly-ratified 27th Amendment.
  This resolution authorizes the Senate Legal Counsel to represent the 
Secretary of the Senate and to seek dismissal of this action in order 
to defend the Secretary's ability to continue to carry out his duty 
under the law to disburse congressional compensation payable pursuant 
to the Constitution and Federal statute.

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