III

103D CONGRESS

1ST SESSION S. RES. 146

To authorize testimony, production of documents, and representation.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Mr. WELLSTONE (for Mr. MITCHELL) (for himself and Mr. DOLE) submitted

the following resolution; which was considered and agreed to

RESOLUTION

To authorize testimony, production of documents, and

representation.

Whereas, in the case of United States v. Deborah Gore Dean,

Cr. No. 92–0181, pending in the United States District

Court for the District of Columbia, the defendant has

caused a subpoena to be served on former Senator William Proxmire, and has placed several current and former

Members of the Senate on a list of potential witnesses

filed with the court;

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;
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SRES 146 ATS

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;

Whereas, in regard to present Senators, by rule VI of the

Standing Rules of the Senate, no Senator shall absent

himself or herself from the service of the Senate without

leave;

Whereas, pursuant to sections 703(a) and 704(a)(2) of the

Ethics in Government Act of 1978 (2 U.S.C. § 288b(a)

and 288c(a)(2) (1988)), the Senate may direct its counsel to represent committees with respect to subpoenas or

orders issued to them, and to represent Members and

employees of the Senate with respect to subpoenas or orders issued to them in their present or former official capacity: Now, therefore, be it

1 Resolved, That Senator William Proxmire and any

2 other present or former Senators whose testimony or docu3 ment production may be required are authorized to testify

4 and produce documents in the trial of United States v.

5 Deborah Gore Dean, Cr. No. 92–0181 (D.D.C.), except

6 as to matters for which a privilege should be asserted and

7 except, with respect to sitting Members of the Senate,

8 when their attendance at the Senate is necessary for the

9 performance of their legislative duties.

10 SEC. 2. That the Senate Legal Counsel is directed

11 to represent Senator William Proxmire and any other
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1 present or former Members in connection with the testi2 mony or document production authorized under section 1.

3 SEC. 3. That the authority provided by Senate Reso4 lution 140, 103d Congress, for testimony by present and

5 former Senate employees shall apply to document produc6 tion by them, the authority provided by Senate Resolution

7 334, 102d Congress, for the production of documents to

8 the Independent Counsel by the chairman and ranking mi9 nority member of the Committee on Banking, Housing,

10 and Urban Affairs, shall apply to the production of docu11 ments by them to the defendant, and the Senate Legal

12 Counsel is directed to represent the Committee on Bank13 ing, Housing, and Urban Affairs in connection with any

14 subpoena to the committee for documents.

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