[Congressional Record (Bound Edition), Volume 148 (2002), Part 15]
[Senate]
[Pages 21137-21138]
[From the U.S. Government Publishing Office, www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 352, submitted earlier today by 
Senators Daschle and Lott.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 352) to authorize representation by 
     the Senate Legal Counsel in the case of Judicial Watch, Inc., 
     v. William J. Clinton, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DASCHLE. Mr. President, this resolution concerns a civil action 
commenced in the U.S. District Court for the District of Columbia 
against several current and former Members of the Senate and House of 
Representatives. The plaintiff, Judicial Watch, Inc., is a legal 
watchdog group that has pursued numerous civil suits against the 
Government and its agencies and officials. In this case, Judicial Watch 
has sued former President Clinton and several current and former 
Members of the Senate and the House of Representatives, alleging that 
those officials conspired to pressure the Internal Revenue Service to 
initiate and continue an audit of Judicial Watch in retaliation for its 
activities.
  The plaintiff in this case has named the current and former Senators 
as defendants in this suit based solely on the fact that these Senators 
sent routine transmittal letters to the IRS forwarding constituent 
correspondence inquiring why Judicial Watch was entitled to the 
benefits of tax-exempt status. Merely because of those routine buck 
letters, Judicial Watch alleges that those Senators entered into an 
unlawful conspiracy to pressure the IRS to continue to audit it in 
violation of its constitutional rights.
  This resolution authorizes the Senate Legal Counsel to represent the 
Senate defendants in this action.
  Mr. REID. Mr. President, I ask unanimous consent that the resolution 
and the preamble be agreed to; that the motion to reconsider be laid 
upon the table; and that any statements in relation thereto be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 352) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 352

       Whereas, in the case of Judicial Watch, Inc. v. William J. 
     Clinton, et al, No. 1:02-cv-01633 (EGS), pending in the 
     United States District Court for the District of Columbia, 
     the plaintiff has named as defendants current and former 
     Senators, along with former President William J. Clinton and 
     several Members of the House of Representatives;

[[Page 21138]]

       Whereas, pursuant to sections 703(a) and 794(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 
     Members of the Senate in civil actions relating to their 
     official responsibilities: Now therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Graham, former Senator Bryan, former 
     Senator Robb, and any other Senator who may be named as a 
     defendant in the case of Judicial Watch, Inc. v. William J. 
     Clinton, et al., and who requests representation by the 
     Senate Legal Counsel.

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