A resolution to authorize written testimony, document production, and representation in Montana Fish, Wildlife and Parks Foundation, Inc. v. United States.

Whereas, in the case of Montana Fish, Wildlife and Parks Foundation, Inc. v. United States, No. 09–568 C, pending in the United States Court of Federal Claims, the plaintiff has issued a subpoena for testimony and production of documents from Holly Luck, a former employee of Senator Baucus;

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), the Senate may direct its counsel to represent current and former 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