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Week Ending October 7, 2005

S. RES. 267 A resolution to authorize testimony, document production, and legal representation in State of New Hampshire v. Anne Miller, Mary Lee Sargent, Jessical Ellis, Lynn Chong, Donald Booth, Eileen Reardon.

BRIEF

   The Resolution sponsor, Sen. William Frist (R-TN), explained that six defendants are being charged in New Hampshire with criminal trespass after refusing to leave the office of New Hampshire Senator Judd Gregg (R-NH) at closing time. Mr. Gregg’s staff members witnessed the alleged crime and the Resolution authorizes them to testify and produce documents relevant to the case. Legal counsel will be provided to staff members if necessary as required by Senate rules. No documents can be released by the Senate without Senate permission.

Sponsor: Senator William H. Frist (R-TN)

Vote: Passed Senate by Unanimous Consent October 5, 2005.

Cost to the taxpayers: No discernible cost.

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MORE INFORMATION

Whereas, in the cases of State of New Hampshire v. Anne Miller, Mary Lee Sargent, Jessica Ellis, Lynn Chong, Donald Booth, Eileen Reardon, pending in Concord District Court, New Hampshire, testimony and documents have been requested from Carol Carpenter, an employee in the office of Senator Judd Gregg;

   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 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 Carol Carpenter and other employees of Senator Gregg'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 New Hampshire v. Anne Miller, Mary Lee Sargent, Jessica Ellis, Lynn Chong, Donald Booth, Eileen Reardon, except concerning matters for which a privilege should be asserted.

   Sec. 2. The Senate Legal Counsel is authorized to represent Carol Carpenter and other employees of Senator Gregg's office in connection with the testimony and document production authorized in section one of this resolution.

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