[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 394 Agreed to Senate (ATS)]
108th CONGRESS
2d Session
S. RES. 394
To authorize testimony and representation in United States v. Daniel
Bayly, et al.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2004
Mr. Frist (for himself and Mr. Daschle) submitted the following
resolution; which was considered and agreed to
_______________________________________________________________________
RESOLUTION
To authorize testimony and representation in United States v. Daniel
Bayly, et al.
Whereas, by Senate Resolution 317, 107th Congress, the Senate authorized the
Permanent Subcommittee on Investigations of the Committee on
Governmental Affairs to produce records from its investigation into the
collapse of Enron Corporation to law enforcement and regulatory
officials and agencies;
Whereas, in the case of United States v. Daniel Bayly, et al., Cr. No. H-03-363,
pending in the United States District Court for the Southern District of
Texas, the parties have requested testimony from Tim Henseler, a former
employee of, and Jim Pittrizzi, a detailee to, the Permanent
Subcommittee on Investigations of the Committee on Governmental Affairs;
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 can, by administrative or judicial 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 is needed for the promotion 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 Tim Henseler and Jim Pittrizzi are authorized to
testify in the case of United States v. Daniel Bayly, et al., except
concerning matters for which a privilege should be asserted.
Sec. 2. The Senate Legal Counsel is authorized to represent Tim
Henseler and Jim Pittrizzi in connection with the testimony authorized
in section one of this resolution.
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