[Congressional Record (Bound Edition), Volume 149 (2003), Part 12]
[Senate]
[Pages 15728-15729]
[From the U.S. Government Publishing Office, www.gpo.gov]




                TO AUTHORIZE TESTIMONY OF DONALD JOHNSON

  Mr. GRASSLEY. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of S. Res. 179, which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.

[[Page 15729]]

  The legislative clerk read as follows:

       A resolution (S. Res. 179) to authorize testimony and legal 
     representation in the State of New Hampshire vs. Donald 
     Johnson.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony in a criminal trespass action in the Concord District Court 
for the State of New Hampshire. In this action, a defendant has been 
charged with criminally trespassing on March 7, 2003, on the premises 
of Senator Gregg's concord office. The defendant refused repeated 
requests to leave Senator Gregg's office after it had closed for the 
night. The trial on this action is scheduled to be held on June 24, 
2003. Pursuant to a subpoena issued on behalf of the State of New 
Hampshire, this resolution authorizes a staff member in Senator Gregg's 
office who witnessed the defendant's behavior concerning the relevant 
incident to testify in connection with this matter, with representation 
by the Senate legal counsel.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table and that any statements relating to this matter be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 179) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 179

       Whereas, in the case of State of New Hampshire v. Donald 
     Johnson, pending in Concord District Court for the State of 
     New Hampshire, testimony has been requested from Carol 
     Carpenter, a staff member in the office of Senator Judd 
     Gregg;
       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 288 c(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 Carol Carpenter is authorized to provide 
     testimony in the case of State of New Hampshire v. Donald 
     Johnson, except concerning matters for which a privilege 
     should be asserted.
       Sec 2. The Senate Legal Counsel is authorized to represent 
     Carol Carpenter in connection with any testimony authorized 
     in section one of this resolution.

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