[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Page 13621]
[From the U.S. Government Publishing Office, www.gpo.gov]



                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 136--TO AUTHORIZE TESTIMONY DOCUMENT PRODUCTION AND 
LEGAL REPRESENTATION IN STATE OF CONNECTICUT V. KENNETH J. LaFONTAINE, 
                                  JR.

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

                              S. Res. 136

       Whereas, in the case of State of Connecticut v. Kenneth J. 
     LaFountaine Jr., No. 01-29206, pending in Connecticut 
     Superior Court in the City of Hartford, testimony and 
     document production have been requested from James O'Connell, 
     an employee in the office of Senator 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 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;
       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 James O'Connell 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 State of Connecticut v. Kenneth J. LaFountaine 
     Jr., except concerning matters for which a privilege should 
     be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     James O'Connell and any Member or employee of the Senate in 
     connection with the testimony and document production 
     authorize in section one of this resolution.

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