[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[Senate]
[Page 18281]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 197--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND 
LEGAL REPRESENTATION IN STATE OF COLORADO V. CARRIE ANN HOPPES, ANDREW 
 M. BENNETT, CHRISTOPHER J. FRIEDMAN, ANDREW JONATHAN TIRMAN, CAROLYN 
    ELIZABETH BNINSKI, MELISSA NOELLE ROSSMAN, RACHAEL ESTHER KAPLAN

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

                              S. Res. 197

       Whereas, in the cases of State of Colorado v. Carrie Ann 
     Hoppes best friend, Andrew M. Bennett, Christopher J. 
     Friedman, Andrew Jonathan Tirman, Carolyn Elizabeth Bninski, 
     Melissa Noelle Rossman, Rachael Esther Kaplan, pending in the 
     Arapahoe County Court, Colorado, testimony and documents have 
     been requested from Arapahoe County Court, Colorado, 
     testimony and documents have been requested from employees in 
     the Office of Senator Wayne Allard;
       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;
       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 
     employees of Senator Allard's office from whom testimony or 
     the production of documents may be required are authorized to 
     testify and produce documents in the cases of State of 
     Colorado v. Carrie Ann Hoppes, Andrew M. Bennett, Christopher 
     J. Friedman, Andrew Jonathan Tirman, Carolyn Elizabeth 
     Bninski, Melissa Noelle Rossman, Rachael Esther Kaplan, 
     except concerning matters for which a privilege should be 
     asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     employees of Senator Allard's office in connection with the 
     testimony and document production authorized in section one 
     of this resolution.

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