SENATE RESOLUTION 107--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN UNITED STATES V. TAUBERT; Congressional Record Vol. 165, No. 44
(Senate - March 12, 2019)
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[Page S1798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 107--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN
UNITED STATES V. TAUBERT
Mr. McCONNELL (for himself and Mr. Schumer) submitted the following
resolution; which was considered and agreed to:
S. Res. 107
Whereas, in the case of United States v. Taubert, Cr. No.
19-21, pending in the United States District Court for the
Northern District of New York, the prosecution has requested
the production of testimony from Erin Kurvers, an employee of
the office of former 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. Sec. Sec. 288b(a)
and 288c(a)(2), the Senate may direct its counsel to
represent current and former Members and 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;
and
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 Erin Kurvers, a former employee of the
Office of Senator Al Franken, and any other former employee
of the Senator's office from whom relevant testimony may be
necessary, are authorized to testify in the case of United
States v. Taubert, except concerning matters for which a
privilege should be asserted.
Sec. 2. The Senate Legal Counsel is authorized to
represent Senator Franken and any former employees of his
office in connection with the production of evidence
authorized in section one of this resolution.
Mr. McCONNELL. Mr. President, on behalf of myself and the
distinguished Democratic leader, Mr. Schumer, I send to the desk a
resolution authorizing the production of testimony and representation
by the Senate Legal Counsel, and ask for its immediate consideration.
Mr. President, this resolution concerns a request for testimony in a
criminal action pending in New York Federal district court. In this
action the defendant is charged with making threats, in the course of
telephone calls to former Senator Al Franken's office, to kill and
inflict bodily harm upon a former President of the United States. A
trial is scheduled for March 18, 2019.
The prosecution is seeking testimony from one of the Senator's former
staff assistants who heard the statements at issue. Senator Franken
would like to cooperate with this request by providing relevant former
employee testimony from his office.
The enclosed resolution would authorize that staffer, and any other
former employee of the Senator's office from whom relevant testimony
may be necessary, to testify in this action, with representation by the
Senate Legal Counsel of such staffers and Senator Franken.
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