[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[Senate]
[Pages 19878-19879]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 443, 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. 443) to authorize testimony, document 
     production, and legal representation in United States versus 
     Roberto Martin.

  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 a criminal action pending 
in Florida Federal District Court. In this action, the defendant is 
charged with impersonating an agent of the Central Intelligence Agency, 
conspiracy to impersonate a CIA agent, possession of a firearm after a 
felony conviction, and mail fraud. The indictment alleges that the 
defendant unjustly enriched himself by obtaining money from third 
parties upon the false representation that he was working with the CIA 
on a secret operation to obtain funds allegedly stolen from Cuban 
leader Fidel Castro. According to the prosecution, in furtherance of 
the alleged fraud, the defendant or his co-conspirators provided to 
third parties a fictitious letter purportedly signed by Senator Graham.
  The defendant's trial is scheduled to commence on or about November 
1, 2004. The prosecution has requested testimony and the production of 
documents from a member of the Senator's staff who has evidence 
relevant to the charged offenses. Senator Graham wishes to cooperate 
with the prosecution's request. Accordingly, the enclosed resolution 
authorizes that staff member, and any other employees of Senator 
Graham's office from whom evidence may be required, to testify and 
produce documents in this action. The enclosed resolution also 
authorizes representation by the Senate legal counsel of Senator 
Graham's staff in this action.
  Mr. SESSIONS. 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 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. 443) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 443

       Whereas, in the case of United States v. Roberto Martin, 
     Crim. No. 04-CR-20075, pending in federal district court in 
     the Southern District of Florida, testimony and documents 
     have been requested from an employee in the office of Senator 
     Bob Graham;
       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;

[[Page 19879]]

       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 consistent with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That employees of Senator Graham's office from 
     whom testimony or the production of documents may be required 
     are authorized to testify and produce documents in the case 
     of United States v. Roberto Martin, except concerning matters 
     for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Senator Graham's staff in the action referenced in section 
     one of this resolution.

                          ____________________