[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[Senate]
[Pages 19440-19441]
[From the U.S. Government Publishing Office, www.gpo.gov]




             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. WYDEN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 699 submitted earlier 
today.
  The PRESIDING OFFICER. The clerk will report the title of the 
resolution.
  The bill clerk read as follows:

       A resolution (S. Res. 699) to authorize testimony and legal 
     representation in City of St. Paul v. Irene Victoria Andrews, 
     Bruce Jerome Berry, John Joseph Braun, David Eugene Luce, and 
     Elizabeth Ann McKenzie.

  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 a criminal action pending in Minnesota 
State Court. In this action, protesters have been charged with trespass 
for occupying Senator Al Franken's St. Paul, Minnesota office in April 
of this year, and refusing requests to leave the premises. The 
prosecution has sought testimony from a member of the Senator's staff 
who witnessed the relevant events. Senator Franken would like to 
cooperate by providing testimony from that person. This resolution 
would authorize that person to testify in connection with these 
actions, with representation by the Senate Legal Counsel of her and any 
other employee from whom evidence may be sought.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the resolution 
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 related to the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 699) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 699

       Whereas, in the case of City of St. Paul v. Irene Victoria 
     Andrews, Bruce Jerome Berry, John Joseph Braun, David Eugene 
     Luce, and Elizabeth Ann McKenzie, Case No. 10-071-634, 
     pending in Ramsey County District Court in St. Paul, 
     Minnesota, the prosecution has sought testimony from Shelly 
     Schafer, an employee of Senator Al Franken;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. 288b(a) and 
     288c(a)(2), the Senate may direct its counsel to represent 
     employees of the Senate with respect to any

[[Page 19441]]

     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 Shelly Schafer is authorized to testify in 
     the case of City of St. Paul v. Irene Victoria Andrews, Bruce 
     Jerome Berry, John Joseph Braun, David Eugene Luce, and 
     Elizabeth Ann McKenzie, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Shelly Schafer, and any other employee from whom evidence may 
     be sought, in connection with the testimony authorized in 
     section one of this resolution.

  The PRESIDING OFFICER. The Chair, on behalf of the President pro 
tempore, pursuant to Public Law 104-191, appoints the following 
individual to the National Committee on Vital and Health Statistics for 
a 4-year term: Dr. Raj Chanderraj of Nevada vice Dr. Richard K. Harding 
of South Carolina.

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