[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Page 11573]
[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 consideration of S. Res. 514, 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. 514) to authorize testimony and legal 
     representation in City of Eugene v. Peter Vincent Chabarek.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony and representation in a criminal trespass action in Municipal 
Court in Eugene, OR. In this action, an antiwar protestor has been 
charged with criminally trespassing on the building housing Senator Ron 
Wyden's Eugene, OR, office on March 20, 2006, for refusing repeated 
requests by building management to leave the premises. A trial on the 
charge of trespass is scheduled to commence on June 20, 2006. The 
defendant has subpoenaed a member of the Senator's staff who had 
conversations with the defendant and other protestors before and during 
the charged events. The enclosed resolution would authorize that staff 
member to testify in connection with this action, with representation 
by the Senate legal counsel.
  Mr. President, I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, and the motion to reconsider be laid 
upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 514) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 514

       Whereas, in the case of City of Eugene v. Peter Vincent 
     Chabarek, Citation No. 06-05546, pending in Municipal Court 
     for the City of Eugene, testimony has been requested from 
     Juine Chada, an employee in the office of Senator Ron Wyden;
       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 Juine Chada is authorized to testify in the 
     case of City of Eugene v. Peter Vincent Chabarek, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Juine Chada in connection with the testimony authorized in 
     section one of this resolution.

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