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“AUTHORIZING TESTIMONY AND REPRESENTATION BY SENATE LEGAL COUNSEL” mentioning the U.S. Dept of Agriculture was published in the Senate section on pages S10858 on Sept. 23, 1998.
The publication is reproduced in full below:
AUTHORIZING TESTIMONY AND REPRESENTATION BY SENATE LEGAL COUNSEL
Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 281, submitted earlier by Senators Lott and Daschle.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
A resolution (S. Res. 281) to authorize testimony and representation of employees of the Senate in United States v. Alphonso Michael Espy.
The PRESIDING OFFICER. Is there objection to the immediate consideration of the resolution?
There being no objection, the Senate proceeded to consider the resolution.
Mr. LOTT. Mr. President, this resolution concerns a criminal prosecution brought against former Secretary of Agriculture Mike Espy, alleging acceptance of illegal gratuities and related charges. The Independent Counsel, who is bringing this prosecution, seeks testimony at trial from two present and one former employee of the Senate about communications with meat and poultry processing industry representatives and Executive Branch officials about a labeling rule promulgated by the Agriculture Department in 1993. The trial is scheduled to begin on October 1.
In keeping with the Senate's practice regarding similar matters, this resolution would authorize testimony by employees of the Senate, except where a privilege should be asserted, with representation by the Senate Legal Counsel.
Mr. McCAIN. I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to the resolution appear at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 281) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 281
Resolved,
Whereas, in the case of United States v. Alphonso Michael Espy, Criminal Case No. 97-0335, pending in the United States District Court for the District of Columbia, a trial subpoena has been served upon Galen Fountain and Jo Nobles, employees of the Senate, and Leslie Chalmers Tagg, formerly an employee of the Senate;
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 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 consistently with the privileges of the Senate: Now, therefore, be it
Resolved That Galen Fountain, Jo Nobles, Leslie Chalmers Tagg, and any other employee from whom testimony may be required, are authorized to testify in the case of United States v. Alphonso Michael Espy, except concerning matters for which a privilege should be asserted.
Sec. 2. That the Senate Legal Counsel is authorized to represent Galen Fountain, Jo Nobles, Leslie Chalmers Tagg, and any other employee of the Senate, in connection with testimony in United States v. Alphonso Michael Espy.
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