[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Senate]
[Page 9949]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 506--TO AUTHORIZE LEGAL REPRESENTATION IN BILBREY V. 
                                 TYLER

  Mr. REID (for himself and Mr. McConnell) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 506

       Whereas, in the case of Bilbrey v. Tyler, No. 18C04-1111-
     SC-2209, pending in Delaware Circuit Court No. 4, Small 
     Claims Division, in Muncie, Indiana, the plaintiff has sought 
     testimony from former Senator Evan Bayh and an unnamed 
     employee of his former Senate office;
       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 former Members and former 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 the Senate Legal Counsel is authorized to 
     represent Senator Bayh and former employees of his Senate 
     office in Bilbrey v. Tyler and related proceedings.
       Sec. 2.  Senator Bayh's former director of constituent 
     services, Karen Railing, is authorized to submit a 
     declaration in this case.

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