[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[Senate]
[Pages 2060-2061]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the en bloc consideration of three Senate resolutions which 
were submitted earlier today.
  The PRESIDING OFFICER. The clerk will please report the resolutions 
by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 374) to authorize testimony, document 
     production, and legal representation in United States of 
     America v. David Hossein Safavian.
       A resolution (S. Res. 375) to authorize testimony and legal 
     representation in State of New Hampshire v. William Thomas, 
     Keta C. Jones, John Francis Bopp, Michael S. Franklin, David 
     Van Strein, Guy Chichester, Jamilla El-Shafei, and Ann 
     Isenberg.
       A resolution (S. Res. 376) to authorize representation by 
     the Senate Legal Counsel in the case of Keyter v. McCain, et 
     al.

  There being no objection, the Senate proceeded to consider the 
resolutions en bloc.
  Mr. FRIST. Mr. President, S. Res. 375 concerns a request for 
testimony and representation in related criminal trespass actions in 
Concord District Court in the State of New Hampshire. In these actions, 
eight defendants have been charged with criminally trespassing on the 
premises of Senator Judd Gregg's Concord, NH, office on December 5, 
2005, for refusing repeated requests to leave Senator Gregg's office at 
the end of the business day in order to allow the office to close. 
Trials on the charge of trespass are scheduled to commence on or about 
March 1, 2006. 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 Gregg's 
office from whom evidence may be required, to testify in connection 
with these actions.
  Mr. REID. Mr. President pursuant to Senate Resolution 213, 109th 
Congress, the Senate authorized the Senate legal counsel to represent 
Senators John McCain and Jon Kyl in a pro se civil action in which the 
plaintiff complained 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 crimes. 
After the Senate legal counsel moved to dismiss the action, the 
plaintiff sought to amend the complaint to name 29 additional 
defendants, including Senators Bill Frist, Joseph I. Lieberman, Mitch 
McConnell, Rick Santorum, and Ted Stevens, as well as 14 judges and 10 
executive branch officials.
  In a January 13, 2006, Memorandum Opinion and Order, the district 
court accepted the amended complaint for filing and dismissed it. The 
court held that plaintiff's criminal claims failed on the merits and 
that plaintiff's civil claims were barred under the Federal Tort Claims 
Act for plaintiff's failure to exhaust his administrative remedies 
under the act. The court also prohibited the plaintiff from filing in 
that court any further claim arising out of the subject matter of the 
case against any of the 31 defendants.
  Plaintiff appealed the dismissal of his case. Accordingly, this 
resolution would authorize the Senate legal counsel to represent the 
five additionally named Senator defendants on appeal in defending the 
dismissal of the amended complaint against all of the Senator 
defendants.
  Mr. FRIST. Mr. President, I ask unanimous consent that the 
resolutions be agreed to, the preambles be agreed to, and the motions 
to reconsider be laid upon the table, en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 374) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 374

       Whereas, in the case of United States of America v. David 
     Hossein Safavian, Crim. No. 05-370, pending in the United 
     States District Court for the District of Columbia, testimony 
     and documents have been requested from Bryan D. Parker, an 
     employee on the staff of the Committee on Indian Affairs;
       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 Bryan D. Parker, and any other employee of 
     the Committee on Indian Affairs from whom testimony or the 
     production of documents may be required, are authorized to 
     testify and produce documents in the case of United States of 
     America v. David Hossein Safavian, except concerning matters 
     for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Bryan D. Parker, and any other Members, officers, or 
     employees of the Senate, in connection with the testimony and 
     document production authorized in section one of this 
     resolution.

  The resolution (S. Res. 375) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 375

       Whereas, in the cases of State of New Hampshire v. William 
     Thomas (C-05-49153-AR), Keta C. Jones (C-05-49153-A-AR), John 
     Francis Bopp (C-05-49153-B-AR), Michael S. Franklin (C-05-
     49153-C-AR), David Van Strein (C-05-49153-D-AR), Guy 
     Chichester (C-05-49153-E-AR), Jamilla El-Shafei (C-05-49153-
     F-AR), and Ann Isenberg (C-05-49153-G-

[[Page 2061]]

     AR), pending in Concord District Court, New Hampshire, 
     testimony has been requested from Carol Carpenter, an 
     employee 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 288c(a)(2), the Senate may direct its counsel to 
     represent an employee 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 consistent with the 
     privileges of the Senate: Now, therefore, be it
       Resolved that Carol Carpenter and other employees of 
     Senator Gregg's office from whom testimony may be required 
     are authorized to testify in the cases of State of New 
     Hampshire v. William Thomas, Keta C. Jones, John Francis 
     Bopp, Michael S. Franklin, David Van Strein, Guy Chichester, 
     Jamilla El-Shafei, and Ann Isenberg, except concerning 
     matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Carol Carpenter and other employees of Senator Gregg's office 
     in connection with the testimony authorized in section one of 
     this resolution.

  The resolution (S. Res. 376) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 376

       Whereas, pursuant to Senate Resolution 213, l09th Congress, 
     the Senate Legal Counsel is currently representing Senators 
     John McCain and Jon Kyl in the case of Keyter v. McCain, et 
     al., filed in the United States District Court for the 
     District of Arizona, Civ. No. 05-l923-PHX-DGC;
       Whereas, the plaintiff filed an amended complaint naming 
     Senators Bill Frist, Joseph I. Lieberman, Mitch McConnell, 
     Rick Santorum, and Ted Stevens as additional defendants in 
     the action;
       Whereas the District Court dismissed the action for lack of 
     jurisdiction and for failure to state a claim upon which 
     relief may be granted;
       Whereas the plaintiff has appealed the dismissal of the 
     action to the United States Court of Appeals for the Ninth 
     Circuit; and
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. 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 Bill Frist, Joseph I. Lieberman, Mitch 
     McConnell, Rick Santorum, and Ted Stevens in the case of 
     Keyter v. McCain, et al.

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