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Authorizing Testimony And Legal Representation

Sen. Sheldon Whitehouse

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Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 250, submitted earlier today.

The clerk will report the resolution by title.

The legislative clerk read as follows:

A resolution (S. Res. 250) to authorize testimony and legal representation in People of the State of California v. Amir Shervin.

There being no objection, the Senate proceeded to consider the resolution.

Sen. Harry Reid

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Mr. President, this resolution concerns a request for testimony and representation in a criminal action in Superior Court in Alameda County, CA. In this action, the defendant is charged by the State of California with resisting arrest arising out of an attempt by the police to serve him with a warrant requiring his court appearance on the charge that, in September 2006, he battered an employee in the reception area of the San Francisco office of Senator Barbara Boxer.

The prosecution has sought testimony from Senator Boxer's employee concerning the events that transpired in the reception area of her San Francisco office. This resolution would authorize her employee to testify in this action, with representation by the Senate Legal Counsel of him and any other employee of Senator Boxer's office from whom testimony may be necessary.

Sen. Sheldon Whitehouse

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Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to the resolution be printed in the Record.

Without objection, it is so ordered.

The resolution (S. Res. 250) was agreed to.

The preamble was agreed to.

The resolution, with its preamble, reads as follows:

Whereas, in the case of People of the State of California v. Amir Shervin, No. 05-221878, pending in Superior Court in Alameda County, California, the prosecution has sought testimony from Eric Vizcaino, an employee of Senator Barbara Boxer; 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 an employee 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, 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 Eric Vizcaino and any other employee of Senator Boxer's office from whom testimony may be necessary are authorized to testify in the case of People of the State of California v. Amir Shervin, except concerning matters for which a privilege should be asserted. Sec. 2. The Senate Legal Counsel is authorized to represent employees of Senator Boxer's office in connection with the testimony authorized in section one of this resolution.