[Congressional Record (Bound Edition), Volume 151 (2005), Part 13]
[Senate]
[Pages 17522-17523]
[From the U.S. Government Publishing Office, www.gpo.gov]




    AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL--S. RES. 213

                                 ______
                                 

    AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL--S. RES. 214

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the en bloc consideration of two Senate resolutions 
which were submitted earlier today, S. Res. 213 and S. Res. 214.
  The PRESIDING OFFICER. The clerk will report the resolutions by 
title, en bloc.
  The legislative clerk read as follows:

       A resolution (S. Res. 213) to authorize representation by 
     the Senate Legal Counsel in the case of Keyter v. McCain, et 
     al.
       A resolution (S. Res. 214) to authorize representation by 
     the Senate Legal Counsel in the case of Jones v. Salt River 
     Pima-Maricopa Indian Community, et al.

  There being no objection, the Senate proceeded to consider the 
resolutions.
  Mr. FRIST. Mr. President, this resolution concerns a pro se civil 
action filed against Senators John McCain and Jon Kyl. Plaintiff 
complains that the Senator defendants violated their duties under the 
common law and the Federal Criminal Code by failing to investigate or 
prosecute the alleged commission of 1.6 million unspecified crimes. 
Plaintiff seeks $10 million in damages and an order compelling the 
Senator defendants to investigate or prosecute the alleged crimes.
  This suit is subject to dismissal on numerous grounds, including lack 
of constitutional standing, legislative and qualified immunity, the 
political question doctrine, as well as on the merits. This resolution 
authorizes the Senate Legal Counsel to represent the Senator defendants 
in this suit and to move for its dismissal.


                              s. res. 214

  Mr. President, this resolution concerns a pro se civil action filed 
against Senators John McCain, Jon Kyl, and ``51 percent of the 
unnamed'' Members of the United States Senate. Plaintiff complains that 
the Senator defendants violated their oath of office and various 
provisions of the Constitution by

[[Page 17523]]

enacting laws contained in Title 25 of the United States Code that 
allegedly resulted in the denial of plaintiffs rights while employed by 
a community of Native American tribes. Plaintiff seeks declaratory 
relief and damages.
  This suit is subject to dismissal on numerous grounds, including lack 
of constitutional standing, legislative and qualified immunity, and 
failure to state a claim upon which relief may be granted. This 
resolution authorizes the Senate Legal Counsel to represent the Senator 
defendants in this suit and to move for its dismissal.
  Mr. SESSIONS. I ask unanimous consent that the resolutions be agreed 
to, the preambles be agreed to, and the motions to reconsider be laid 
on the table en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolutions (S. Res. 213 and S. Res 214) were agreed to.
  The preambles were agreed to.
  The resolutions, with their preambles, read as follows:

                              S. Res. 213

       Whereas, in the case of Keyter v. McCain, et al., Civ. No. 
     05-1923, pending in the United States District Court for the 
     District of Arizona, the plaintiff has named as defendants 
     Senators John McCain and Jon Kyl;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(l), the Senate may direct its counsel to defend 
     Members of the Senate in civil actions relating to their 
     official responsibilities: Now therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senators John McCain and Jon Kyl in the case of 
     Keyter v. McCain, et al.

                              S. Res. 214

       Whereas, in the case of Jones v. Salt River Pima-Maricopa 
     Indian Community, et al., Civ. No. 05-1944, pending in the 
     United States District Court for the District of Arizona, the 
     plaintiff has named as defendants Senators John McCain and 
     Jon Kyl;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to defend 
     Members of the Senate in civil actions relating to their 
     official responsibilities: Now therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senators John McCain, Jon Kyl, and other unnamed 
     Members of the Senate in the case of Jones v. Salt River 
     Pima-Maricopa Indian Community, et al.

                          ____________________