[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 7064-7065]
[From the U.S. Government Publishing Office, www.gpo.gov]




                AUTHORIZING LEGAL COUNSEL REPRESENTATION

  Mr. DURBIN. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of S. Res. 539 submitted earlier today 
by Senators Reid and McConnell.
  The ACTING PRESIDENT pro tempore. The clerk will report the 
resolution by title.
  The bill clerk read as follows:

       A resolution (S. Res. 539) to authorize testimony and legal 
     representation in State of Maine v. Douglas Rawlings, 
     Jonathan Kreps, James Freeman, Henry Braun, Robert Shetterly, 
     and Dudley Hendrick.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony and representation in criminal trespass actions in Penobscot 
County Court in Bangor, ME. In these actions, protesters have been 
charged with trespassing for refusing requests by the police on March 
7, 2007, to leave the Margaret Chase Smith Federal Building, which 
houses a number of Federal offices, including Senator Susan Collins' 
Bangor, ME office. Trials on charges of trespass are scheduled to 
commence on April 29, 2008. On April 28, 2008, a defendant subpoenaed a 
member of the Senator's staff who had conversations with the defendant 
protesters during the charged events. Senator Collins would like to 
cooperate by providing testimony from that staff member. This 
resolution would authorize that employee to testify in connection with 
these actions, with representation by the Senate legal counsel of that 
employee and any other employee of the Senator from whom evidence may 
be sought.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the 
resolution

[[Page 7065]]

be agreed to, the preamble be agreed to, the motions to reconsider be 
laid upon the table, with no intervening action or debate, and any 
statements be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The resolution (S. Res. 539) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 539

       Whereas, in the cases of State of Maine v. Douglas Rawlings 
     (CR-2007-441), Jonathan Kreps (CR-2007-442), James Freeman 
     (CR-2007-443), Henry Braun (CR-2007-444), Robert Shetterly 
     (CR-2007-445), and Dudley Hendrick (CR-2007-467), pending in 
     Penobscot County Court in Bangor, Maine, a defendant has 
     subpoenaed testimony from Carol Woodcock, an employee in the 
     office of Senator Susan Collins;
       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 consistent with the 
     privileges of the Senate: Now, therefore, be it
       Resolved that Carol Woodcock is authorized to testify in 
     the cases of State of Maine v. Douglas Rawlings, Jonathan 
     Kreps, James Freeman, Henry Braun, Robert Shetterly, and 
     Dudley Hendrick, except concerning matters for which a 
     privilege should he asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Carol Woodcock, and any other employee of the Senator from 
     whom evidence may be sought, in the actions referenced in 
     section one of this resolution.

  The ACTING PRESIDENT pro tempore. The Senator from Ohio is 
recognized.

                          ____________________