A resolution to authorize testimony, document production, and representation in United States v. Kevin Lee Olson.

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

documents, and representation by the Senate Legal Counsel, and ask for its immediate consideration.

Mr. President, this resolution concerns a request for testimony and documents in a criminal action pending in North Dakota federal district court. In this action, the defendant is charged with sending to Senator Heitkamp an e-mail threatening to kill or injure her. A trial is scheduled for June 6, 2017.

The prosecution is seeking for introduction into evidence at trial documentary evidence from the Senator's office, including the e-mail at issue, as well as testimony from the Senator's correspondence manager. Senator Heitkamp would like to cooperate by providing such relevant evidence. The enclosed resolution would authorize that staffer, and any other current or former employee of the Senator's office from whom relevant evidence may be necessary, to testify and produce documents in this action, with representation by the Senate Legal Counsel.

S. Res. 178

Whereas, in the case of United States v. Kevin Lee Olson,

Cr. No. 17-26, pending in the United States District Court

for the District of North Dakota, the prosecution has

requested the production of testimony and documents from

Kobye Noel, an employee in the Washington, D.C. office of

Senator Heidi Heitkamp;

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 or 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

Resolved, That Kobye Noel, an employee in the Office of

Senator Heidi Heitkamp, and any other current or former

employee of the Senator's office from whom relevant evidence

may be necessary, are authorized to testify and produce

documents in the case of United States v. Kevin Lee Olson,

except concerning matters for which a privilege should be

asserted.

Sec. 2. The Senate Legal Counsel is authorized to

represent current and former employees of Senator Heitkamp's

office in connection with the production of evidence

authorized in section one of this resolution.

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 178, submitted earlier today.

Mr. President, I ask unanimous consent that the resolution be agreed to and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. President, I ask unanimous consent that the preamble to S. Res. 178 be agreed to.