April 5, 2006 - Issue: Vol. 152, No. 42 — Daily Edition109th Congress (2005 - 2006) - 2nd Session
SENATE LEGAL COUNSEL AUTHORIZATION; Congressional Record Vol. 152, No. 42
(Senate - April 05, 2006)
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[Page S3160] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] SENATE LEGAL COUNSEL AUTHORIZATION Mr. FRIST. Mr. President, this resolution concerns a request for testimony, through written affidavit, and representation in an attorney fee dispute proceeding pending before a State bar arbitration committee in Nevada. The distinguished Democratic Leader, Senator Reid, has been asked to provide an affidavit in this proceeding. Senator Reid believes that he has relevant first-hand knowledge, acquired in his capacity as a Senator, and would like to cooperate with this request. Accordingly, this resolution would authorize Senator Reid to provide an affidavit in this matter with representation by the Senate Legal Counsel. The resolution (S. Res. 432) was agreed to. The preamble was agreed to. The resolution, with its preamble, reads as follows: S. Res. 432 Whereas, in E.M. Gunderson v. Neil G. Galatz, File No. 04- 106, pending before the Fee Dispute Arbitration Committee of the State Bar of Nevada, the petitioner has requested an affidavit from Senator Harry Reid; 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 Members 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, by Rule VI of the Standing Rules of the Senate, no Senator shall absent himself from the service of the Senate without leave; 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 Senator Harry Reid is authorized to testify in the case of E.M. Gunderson v. Neil G. Galatz, except when his attendance at the Senate is necessary for the performance of his legislative duties and except concerning matters for which a privilege should be asserted. Sec. 2. The Senate Legal Counsel is authorized to represent Senator Harry Reid in connection with the testimony authorized in section one of this resolution. ____________________