[Congressional Record (Bound Edition), Volume 146 (2000), Part 4]
[Senate]
[Page 5023]
[From the U.S. Government Publishing Office, www.gpo.gov]



  AUTHORIZING TESTIMONY, DOCUMENT PRODUCTION, AND LEGAL REPRESENTATION

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 284, submitted 
earlier by Senator Lott and Senator Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 284) to authorize testimony, document 
     production, and legal representation in United States of 
     America v. George Patrick Calhoon.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a request for 
testimony in a criminal action in the United States District Court for 
the Southern District of Texas. In a federal indictment, the defendant 
has been charged with threatening a public official in violation of 
federal law. The charge arises out of a threat telephoned to Senator 
Phil Gramm's office in Houston. At the request of the U.S. Attorney who 
is prosecuting this case, this resolution authorizes employees in 
Senator Gramm's office who heard the threat to testify about the threat 
and produce documents at trial, with representation by the Senate Legal 
Counsel.
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, and the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 284) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 284

       Whereas, in the case of United States v. George Patrick 
     Calhoon, Cr. No. H-99-111, pending in the United States 
     District Court for the Southern District of Texas, testimony 
     has been requested from Court Koenning and Patrick McCartney, 
     employees in the office of Senator Phil Gramm;
       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 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 consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Court Koenning, Patrick McCartney, and any 
     other employee of Senator Gramm's office from whom testimony 
     may be required, are authorized to testify and produce 
     documents in the case of United States v. George Patrick 
     Calhoon, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Court Koenning, Patrick McCartney, and any other employee of 
     Senator Gramm's office in connection with the testimony and 
     document production authorized in section 1 of this 
     resolution.

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