[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 5369-5370]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony, through written affidavit, and representation in an attorney 
fee dispute proceeding pending before a State bar arbitration committee 
in Nevada. The distinguished Democratic Leader, Senator Reid, has been 
asked to provide an affidavit in this proceeding. Senator Reid believes 
that he has relevant first-hand knowledge, acquired in his capacity as 
a Senator, and would like to cooperate with this request.
  Accordingly, this resolution would authorize Senator Reid to provide 
an affidavit in this matter with representation by the Senate Legal 
Counsel.
  The resolution (S. Res. 432) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 432

       Whereas, in E.M. Gunderson v. Neil G. Galatz, File No. 04-
     106, pending before the Fee Dispute Arbitration Committee of 
     the State Bar of Nevada, the petitioner has requested an 
     affidavit from Senator Harry Reid;
       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 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, by Rule VI of the Standing Rules of the Senate, no 
     Senator shall absent himself from the service of the Senate 
     without leave;
       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

[[Page 5370]]

       Resolved, That Senator Harry Reid is authorized to testify 
     in the case of E.M. Gunderson v. Neil G. Galatz, except when 
     his attendance at the Senate is necessary for the performance 
     of his legislative duties and except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Senator Harry Reid in connection with the testimony 
     authorized in section one of this resolution.

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