[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 13056-13057]
[From the U.S. Government Publishing Office, www.gpo.gov]



AUTHORIZING TESTIMONY, DOCUMENT PRODUCTION, AND LEGAL REPRESENTATION IN 
                    UNITED STATES V. ELLEN ROSE HART

  Mr. STEVENS. Mr. President, I now ask unanimous consent the Senate 
proceed to the immediate consideration of S. Res. 331, 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. 331), to authorize testimony, 
     document production, and legal representation in United 
     States v. Ellen Rose Hart.

  The Senate proceeded to consider the concurrent resolution.
  Mr. LOTT. Mr. President, this resolution concerns a request for 
testimony in a criminal action in the United States District Court for 
the Eastern District of California. In a federal indictment, the 
defendant has been charged with making a false statement on a passport 
application and possessing a false identification document in violation 
of federal law.

[[Page 13057]]

  In connection with the passport application that is the subject of 
the indictment, the defendant sought constituent casework assistance 
from the offices of Senator Barbara Boxer and Senator Diane Feinstein. 
At the request of the U.S. attorney who is prosecuting this case, this 
resolution authorizes employees in both Senators' offices who worked on 
this constituent casework matter to testify and produce documents at 
trial, with representation by the Senate Legal Counsel.
  Mr. STEVENS. Mr. President, I ask unanimous consent 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. 331) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 331

       Whereas, in the case of United States v. Ellen Rose Hart, 
     CR-F 99-5275 AWI, pending in the United States District Court 
     for the Eastern District of California, testimony has been 
     requested from Eric Vizcaino, an employee in the office of 
     Senator Boxer, and Monica Borvice, an employee in the office 
     of Senator Feinstein;
       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 Eric Vizcaino, Monica Borvice, and any other 
     employee of the Senate from whom testimony or document 
     production may be required are authorized to testify and 
     produce documents in the case of United States v. Ellen Rose 
     Hart, except concerning matters for which a privilege should 
     be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Eric Vizcaino, Monica Borvice, and any Member or employee of 
     the Senate in connection with the testimony and document 
     production authorized in section 1 of this resolution.

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