[Congressional Record (Bound Edition), Volume 146 (2000), Part 5]
[Senate]
[Page 6000]
[From the U.S. Government Publishing Office, www.gpo.gov]



             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate now 
proceed to the immediate consideration of S. Res. 297, submitted 
earlier by Senator Lott and Senator Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution, (S. Res. 297) to authorize testimony and 
     legal representation in Martin A. Lopow v. William J. 
     Henderson.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a subpoena in a 
lawsuit brought by a resident of Connecticut who has sued the Postal 
Service alleging discrimination in the termination of his employment 
with the Postal Service. The plaintiff seeks to subpoena from Senator 
Joseph I. Lieberman's deputy state director for constitutent services 
copies of casework files concerning another constitutent of the 
Senator's who is not a party to this lawsuit.
  Senator Lieberman's deputy state director for constitutent services 
informed the plaintiff that, out of concern for protecting the 
confidentiality of communications with the Senator's constituents, the 
Senator's policy does not permit sharing constituent files with third 
parties without the constituents' consent, which has not been given in 
this case. The plaintiff has also been advised that a search of the 
Senator's achieved constituent files turned up no file like that 
sought.
  Nevertheless, the plaintiff has moved to compel the production of the 
document he is seeking. This resolution would permit the Senate Legal 
Counsel to represent the Senator's deputy state director for 
constituent services to oppose the motion to compel, and permit the 
submission of an affidavit describing the Senator's constituent 
confidentiality policy and the search for records in this case.
  Mr. MACK. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table, and a statement of explanation appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 297) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 297

       Whereas, in the case of Martin A. Lopow v. William J. 
     Henderson, Case No. 3:98CV1329-SRU, pending in the United 
     States District Court for the District of Connecticut, a 
     subpoena for the production of documents has been issued to 
     Laura Cahill, an employee in the office of Senator Joseph I. 
     Lieberman;
       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;
       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 Laura Cahill is authorized to testify in the 
     case of Martin A. Lopow v. William J. Henderson, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Laura Cahill in connection with the testimony authorized in 
     section one of this resolution.

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