[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[Senate]
[Page 11341]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 AUTHORIZATION OF LEGAL REPRESENTATION

  Mr. REID. I ask unanimous consent the Senate proceed to S. Res. 291 
submitted earlier today by Senators Daschle and Lott.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 291) to authorize testimony, document 
     production, and legal representation in United States v. 
     Milton Thomas Black.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DASCHLE. Madam President, a Federal grand jury in Nevada has 
indicted an individual on four counts of mailing a threatening 
communication and one count of transmitting a threatening communication 
in interstate commerce for a series of threats to kill public officials 
and others in written communications sent last year to the offices of 
Senators Patrick J. Leahy and Orrin G. Hatch, among others.
  The U.S. Attorney has issued subpoenas for testimony at trial by 
employees on the staffs of Senators Leahy and Hatch who received the 
communications and an employee on Senator Harry Reid's staff who had 
contact with the defendant. The testimony is necessary to establish the 
receipt of the threatening communications in Washington, DC.
  This resolution would authorize the Senate employees to testify and 
produce documents in this case with representation by the Senate Legal 
Counsel.
  Mr. REID. I ask unanimous consent the resolution and preamble be 
agreed to en bloc, the motion to reconsider be laid on the table, with 
the above occurring without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 291) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 291

       Whereas, in the case of United States v. Milton Thomas 
     Black, Cr. No. S-02-016-PMP, pending in the United States 
     District Court for the District of Nevada, subpoenas for 
     testimony have been issued to Clara Kircher and Phil 
     Toomajian, employees in the office of Senator Patrick J. 
     Leahy; Donald Wilson, an employee in the office of Senator 
     Harry Reid; and Katherine Dillingham and Craig Spilsbury, 
     employees in the office of Senator Orrin G. Hatch;
       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 action 
     as will promote the ends of justice consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Clara Kircher, Phil Toomajian, Donald 
     Wilson, Katherine Dillingham, Craig Spilsbury, 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. Milton Thomas 
     Black, 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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