A resolution to authorize testimony and legal representation in W. Curtis Shain v. Hunter Bates, et al.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 86 Agreed to Senate (ATS)]

108th CONGRESS
1st Session
S. RES. 86

To authorize testimony and legal representation in W. Curtis Shain v.
G. Hunter Bates, et al.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 13, 2003

Mr. Frist (for himself and Mr. Daschle) submitted the following
resolution; which was considered and agreed to

_______________________________________________________________________

RESOLUTION

To authorize testimony and legal representation in W. Curtis Shain v.
G. Hunter Bates, et al.

Whereas in the case of W. Curtis Shain v. G. Hunter Bates, et al., No. 03-CI-
00153, pending in Division II of the Oldham Circuit Court, Twelfth
Judicial Circuit, Commonwealth of Kentucky, an affidavit has been
requested from Senator Mitch McConnell;
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; 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 Senator McConnell is authorized to provide testimony
in the case of W. Curtis Shain v. G. Hunter Bates, et al., except
concerning matters for which a privilege should be asserted and when
his attendance at the Senate is necessary for the performance of his
legislative duties.
Sec. 2. The Senate Legal Counsel is authorized to represent Senator
McConnell in connection with any testimony authorized in section one of
this resolution.
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