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“AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL” mentioning the U.S. Dept of Agriculture was published in the Senate section on pages S3247-S3248 on March 29, 1996.
The publication is reproduced in full below:
AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL
Mr. LOTT. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration, en bloc, of Senate Resolution 239, a resolution submitted by Senators Dole and Daschle and Senate Resolution 240, submitted by Senators Warner and Ford; I further ask that the resolutions be agreed to, the motions to reconsider be laid upon the table, all en bloc, and that any statements relating to the resolutions appear at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
So the resolutions en bloc (S. Res. 239 and S. Res. 240) were agreed to.
The preambles were agreed to.
The resolutions, en bloc, with their preambles, are as follows:
S. Res. 239
Whereas, in the case of Robert E. Barrett v. United States Senate, et al., No. 96CV00385 (D.D.C.), pending in the United States District Court for the District of Columbia, the plaintiff has named the United States Senate as a defendant;
Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) and 288c(a)(1)(1994), the Senate may direct its counsel to defend the Senate in civil actions relating to its official responsibilities: Now, therefore, be it
Resolved, That the Senate Legal Counsel is authorized to represent the United States Senate in the case of Robert E. Barrett v. United States Senate, et al.
Mr. DOLE. Mr. President, the plaintiff in Barrett versus United States Senate is a Federal prisoner in Michigan. He has brought a civil action in Federal district court in the District of Columbia, seeking, among other things, a declaration from the court that the U.S. Court of Appeals for the Seventh Circuit is unable to adjudicate his claims impartially because of its bias against prisoners.
The plaintiff has named the U.S. Senate, among others, as a defendant in his lawsuit. The Senate is not, however, a proper party to this suit. In fact, the plaintiff asserts no claim against the Senate. This resolution authorizes the Senate Legal Counsel to represent the Senate in this action.
S. Res. 240
Whereas, in the case of United States v. Byron C. Dale, et al., Civil No. 95-1023, in the United States District Court for the District of South Dakota, Northern Division, the defendants have named Senator Robert J. Dole as a codefendant in a counterclaim against the United States;
Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) and 288c(a)(1)(1994), the Senate may direct its counsel to defend its Members in civil actions relating to their official responsibilities: Now, therefore, be it
Resolved, That the Senate Legal Counsel is authorized to represent Senator Dole in the case of United States v. Byron C. Dale, et al.
Mr. WARNER. Mr. President, the legal action United States versus Dale, currently pending in the U.S. District Court in South Dakota, was brought by the United States to foreclose two mortgages executed by the Farmers Home Administration of the U.S. Department of Agriculture on real estate in Corson County, SD, belonging to the defendants.
The defendants in that action have filed a counterclaim against the United States, naming as codefendants Speaker of the House Newt Gingrich, Federal Reserve Chairman Alan Greenspan, Treasury Secretary Robert Rubin, Secretary of Agricultural Dan Glickman, and the Senator majority leader. The counterclaim seeks a court order compelling televised congressional hearings regarding Federal farm and monetary policy and the enactment of legislation favored by the defendant.
Lawsuits alleging that citizens have been aggrieved by a Member's failure to act in accordance with the citizens' views have been filed against Members of Congress from time to time. As the Senate has noted previously in response to such lawsuits, every citizen has a constitutionally protected right to petition the Government for the redress of grievances. However, elected officials have the discretion to agree or disagree with communications they receive, and to decide how best to respond to the many points of view which are presented to them. This resolution authorizes the Senate Legal Counsel to represent the majority leader in this action.
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