Time: Wed Aug 06 19:04:29 1997 by usr10.primenet.com (8.8.5/8.8.5) with SMTP id TAA26939; Tue, 5 Aug 1997 19:00:48 -0700 (MST) Date: Tue, 05 Aug 1997 18:59:50 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: "THE ATTORNEY GENERAL HAS ABUSED HER DISCRETION" (fwd) <snip> > >SENSE OF THE SENATE REGARDING APPOINTMENT OF INDEPENDENT COUNSEL > Sen. Arlen Specter, The Senate - July 25, 1997 > >Mr. SPECTER. Mr. President, I have sought recognition to comment >briefly on the issue of independent counsel. Yesterday, I spoke >about my view that independent counsel ought to be appointed and >the fact that there appeared to be no chance of Attorney General >Reno appointing an independent counsel, and then exploring the >alternatives of litigation and the alternative of an amendment to >the independent counsel statute. I stated at that time that I >intended to pursue legislation to modify the independent counsel >statute and had hoped to put it on the appropriations bill on >Commerce, State, Justice, and the Judiciary, but would not do so >if it would tie up the bill. > >After consultation with the distinguished majority leader and >others, it was apparent to me that such an amendment would tie up >the bill and most probably provoke a filibuster on the other >side, and that, in fact, a unanimous-consent agreement had been >proposed which was conditional on tabling any amendment which I >might offer. > >In addition to the amendment on independent counsel, I was >considering, along with my distinguished colleague, Senator >Hatch, offering a sense-of-the-Senate resolution calling for the >Attorney General to appoint independent counsel. But even a >sense-of-the-Senate resolution would have provoked a likely >filibuster to tie up the bill. So I did not proceed to do that, >but instead filed at the desk yesterday legislation for >independent counsel, after consultation with the majority leader, >who said that if an opportunity presented itself that that matter >might be called up as early as next week. That would not be >certain because there are considerations as to what will happen >with the reconciliation bill and the tax bill. > >In the alternative, after discussions with Senator Hatch, the >alternative has been considered to have a sense-of-the-Senate >resolution perhaps acted on next week, if there is time. It is >the last week before the recess. But that is problematical. > >Mr. President, I ask unanimous consent that the text of the >sense-of-the-Senate resolution be printed in the Record. > >There being no objection, the material was ordered to be printed >in the Record, as follows: > >SEC. . SENSE OF THE SENATE REGARDING APPOINTMENT OF INDEPENDENT >COUNSEL. > >(a) Findings: The Congress finds that-- > >(1) press reports appearing in the early Spring of 1997 reported >that the FBI and the Justice Department withheld national >security information the Clinton administration and President >Clinton regarding information pertaining to the possible >involvement by the Chinese government in seeking to influence >both the administration and some members of Congress in the 1996 >elections; > >(2) President Clinton subsequently stated, in reference to the >failure by the FBI and the Justice Department to brief him on >such information regarding China : 'There are significant >national security issues at stake here,' and further stated that >'I believe I should have known'; > >(3) there has been an acknowledgment by former White House Chief >of Staff Leon Panetta in March 1997 that there was indeed >coordination between the White House and the DNC regarding the >expenditure of soft money for advertising; > >(4) the Attorney General in her appearance before the Senate >Judiciary Committee on April 30, 1997 acknowledged a presumed >coordination between President Clinton and the DNC regarding >campaign advertisements; > >(5) Richard Morris in his recent book, 'Behind the Oval Office,' >describes his firsthand knowledge that 'the president became the >day-to-day operational director of our [DNC] TV ad campaign. He >worked over every script, watched each ad, ordered changes in >every visual presentation and decided which ads would run when >and where;' > >(6) there have been conflicting and contradictory statements by >the Vice President regarding the timing and extent of his >knowledge of the nature of a fundraising event at the Hsi Lai >Buddhist Temple near Los Angeles on April 29, 1996; > >(7) the independent counsel statute requires the Attorney General >to consider the specificity of information provided and the >credibility of the source of information pertaining to potential >violations of criminal law by covered persons, including the >President and the Vice President; > >(8) the independent counsel statute further requires the Attorney >General to petition the court for appointment of an independent >counsel where the Attorney General finds that there is a >reasonable likelihood that a violation of criminal law may have >occurred involving a covered person; > >(9) the Attorney General has been presented with specific and >credible evidence pertaining to potential violations of criminal >law by covered persons and there is a reasonable likelihood that >a violation of criminal law may have occurred involving a covered >person; and > >(10) the Attorney General has abused her discretion by failing to >petition the court for appointment of an independent counsel. > >(b) It is the Sense of the Senate that the Attorney General >should petition the court immediately for appointment of an >independent counsel to investigate the reasonable likelihood that >a violation of criminal law may have occurred involving a covered >person in the 1996 presidential federal election campaign. > > > > > > > Published in the Aug. 4, 1997 issue of The Washington Weekly > Copyright 1997 The Washington Weekly (http://www.federal.com) > Reposting permitted with this message intact > <snip> ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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