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Week Ending February 16, 2006

S.RES.80 A resolution to authorize testimony, document production, and legal representation in State of Oregon v. Rebecca Michelson, Michele Darr, and Vernon Huffman.

This resolution authorizes testimony and the production of documents and legal representation in the legal matter of Oregon v. Rebecca Michelson, Michele Darr and Vernon Huffman.

Details on the court matter are not explicit in the resolution but it is noted that the testimony and documents are requested by Kellie Lute who is an employee in the office of Senator Gordon Smith (R-OR).

With passage of this resolution the Senate agrees to provide Senate legal counsel for Ms. Lute and further authorizes document production unless the documents require privileged access.

Sponsor:  Senator Harry Reid (D-NV)

Vote: Passed Senate by Unanimous Consent February 14, 2007

Cost to the taxpayers: No discernible cost.

Earmark Certification:   Not applicable to this resolution although government resources are being applied to benefit an individual.

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   Whereas, in the cases of State of Oregon v. Rebecca Michelson (2101093-1), Michele Darr (2101093-2), and Vernon Huffman (2101093-3), pending in Multnomah County Circuit Court in Portland, Oregon, testimony and documents have been requested from Kellie Lute, an employee in the office of Senator Gordon Smith;

   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 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;

   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 Kellie Lute and any other employees or Senator Smith's office from whom testimony or the production of documents may be required are authorized to testify and produce documents in the cases of State of Oregon v. Rebecca Michelson, Michele Darr, and Vernon Huffman, except concerning matters for which a privilege should be asserted.

   SEC. 2. The Senate Legal Counsel is authorized to represent Kellie Lute and other employees of Senator Smith's staff in the actions referenced in section one of this resolution.