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




  AUTHORIZING TESTIMONY, DOCUMENT PRODUCTION, AND LEGAL REPRESENTATION

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 353.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 353) to authorize testimony, document 
     production, and legal representation in United States v. John 
     Murtari.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DASCHLE. Mr. President, a Federal information in the Northern 
District of New York has been filed against an individual on four 
counts of refusing to follow lawful orders, obstructing a corridor, and 
trespass inside a Federal office building in Syracuse, NY. The charges 
arise from the refusal of the defendant to vacate the premises outside 
the office of Senator Clinton, despite being directed to do so by 
Federal Protective Service personnel charged with maintaining security 
in the Federal building.
  The U.S. Attorney has requested testimony at trial by an employee on 
the staff of Senator Clinton who had contact with the defendant.
  This resolution would authorize the Senate employee to testify and 
produce documents in this case with representation by the Senate Legal 
Counsel.
  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. 353) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 353

       Whereas, in the case of United States v. John Murtari, 
     Crim. Act. No. 02-CR-369, pending in the United States 
     District Court for the Northern District of New York, 
     testimony has been requested from Cathy Calhoun, an employee 
     in the office of Senator Hillary Rodham Clinton;
       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 actions 
     as will promote the ends of justice consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved That Cathy Calhoun, and any other employee of the 
     Senate from whom testimony or document production is 
     required, are authorized to testify and produce documents in 
     the case of United States v. John Murtari, except concerning 
     matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     employees of the Senate in connection with the testimony and 
     document production authorized in section one of this 
     resolution.

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