[Congressional Record (Bound Edition), Volume 149 (2003), Part 20]
[Senate]
[Pages 28071-28072]
[From the U.S. Government Publishing Office, www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. McCAIN. I ask unanimous consent the Senate proceed to the 
immediate consideration of S. Res. 261, which was submitted earlier 
today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 261) to authorize testimony and 
     document production and legal representation for the State of 
     Colorado v. Daniel Raphael Egger, Sarah Jane Geraldi, 
     Jennifer Melissa Greenberg, Lisa Gale Kunkel, Bonnie 
     Catherine McCormick.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony, documents, and representation in related criminal trespass 
actions in Arapahoe County Court in the State of Colorado. In these 
actions, five defendants have been charged with criminally trespassing 
on the premises of Senator Wayne Allard's Englewood, CO, office on 
April 24, 2003. Upon its closing that day, the defendants refused 
repeated requests to leave Senator Allard's office, and, as a result, 
were arrested. Trials on the charge of trespass are scheduled to be 
held on or about December 8, 2003. The State has subpoenaed a member of 
the Senator's staff who witnessed the defendants' conduct. The enclosed 
resolution would authorize that staff member, and any other employees 
of Senator Allard's office from whom evidence may be required, to 
testify and produce documents in connection with these actions. The 
enclosed resolution also authorizes representation by Senate Legal 
Counsel of Senator Allard and his staff in these actions.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motion to 
reconsider be laid upon the table, and any statements related to this 
matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 261) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 261

       Whereas, in the case of State of Colorado v. Daniel Raphael 
     Egger, Sarah Jane Geraldi, Jennifer Melissa Greenberg, Lisa 
     Gale Kunkel, Bonnie Catherine McCormick, pending in the 
     Arapahoe County Court, Colorado, testimony and documents have 
     been requested from an employee 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 Members of the Senate and their employees 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

[[Page 28072]]

     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. Daniel Raphael Egger, Sarah Jane 
     Geraldi, Jennifer Melissa Greenberg, Lisa Gale Kunkel, Bonnie 
     Catherine McCormick, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Senator Allard and his staff in the actions referenced in 
     section one of this resolution.

                          ____________________