INVESTIGATORY POWERS OF COMMITTEE ON THE JUDICIARY WITH RESPECT TO ITS IMPEACHMENT INQUIRY

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500330003-2
• Release Decision: RIFPUB
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• Document Page Count: 15
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2001
• Sequence Number: 3
• Publication Date: February 6, 1974
• Content Type: OPEN

-2600
Approved For Release 2001/08/29 : CIA-RDP75B00380R000500
( h'i
February 6, 1,9;4
U--
H 526 CONGRESSION.AL RECORD ?HOUSE
SOilia, their problems in the democratic
war, 'troligh negotiations and ba in
rga-
ing, rater than fear and terror on the
Nation's 1 .7glaways. The American people,
part1c1112515, those in our part of the
country, lia.vt seen enough demonstra-
Mons of this ty,te and will not stand for
It in the future.
have today con .aeted President Nixon
urging that he use A. " Meyer means at his
disposal to bring to n immediate halt
the lawlessness that i taking place on
the roads of America. A this same re-
gard. I have called upon the leadership
of the Congress, both D oeratic and
Republican, to postpone he .Lincoln
Day recess, scheduled to begi .. Thursday,
February 8, and remain in seesion until
some solution to this most vita problem
is found.
ELECTION RESULTS IN
PENNSYLVANIA
(Mr. BunTow asked and was gi en
pernission to address the House for
minute and to revise and extend is
remarks and to include extranemn
In aterial.)
Mr. BURTON. Mr. Speaker, I want to
express my delight with. the election re-
sults of yesterday in the Pennsylvania
special election to fill the vacancy created
by the untimely death of our former
colleague, John Saylor.
This district, as we all know, was
represented for over two decades by that
distinguished Member of the Republican
Party, the gentleman from Pennsylvania,
Mr. Saylor. . .
May I read from the following :release:
Tuesday's special election in the 12th Cm
gressional District of Pennsylvania indica CR
that Republicans will suffer heavy losse in
the 1974 elections, according to Rep. P. din)
1,3itr ton, Chairman of the Democratic tudy
Group Campaign Committee.
Tuesday's balloting showed a In off of
over I.0 percent in the, average R .publican
vote In that district., Burton said, .1id a drop
of 18 percent from 1972. The Rep blican vote
in Congrel;sional elections in e 12th Dis-
trict during the past 20 yeare has averaged
about 00 percent. It was 68 orcent ill 1072
and has .i ad gone below 57 percent in any
election since 1951.
if there were a 10 pc cent drop An the
Republican vote across ,he country, Burton
4,tid, it would result in loss of 70 GOP seats
in the House. A 5 per ent drop in the GOP
vote would redult in a loss of 24 GOP seats
while a drop of 15 :rcent would result hi a
I?:7s of more arm 100 Republican seats in
the House.
Burton added tat GOP efforts to port-vary
th 12th Distric as Democratic territory do
not 1.(02iare wit-1 how the district has voted
in federal el,.etions during the past two
decades. It as voted Republican In four
of the lest ,Ix Presidential elections (1952,
1956, 1963 ..Ki 1872) and Just missed going
Republica by less than 1 percent of the
vote in 1-60; it voted Republican in four of
the last six elections - for the U.S. Senate
(i9511, ? KA, 19611 and 1970): and It has voted
Repub,ican for the House et Representatives
In evt w election but one (1948) since World
War T.
CONCII?..ESSIONAL SEMINAR FOR
NAVY WIVES
minute and to revise and extend his re-
marks.)
Mr. OILMAN. Mr. Speaker, Memberv
of the 93d. Congressional Club were hcri-
ored today to host a congressional ...
nar for 20 wives of Navy oilic.ers an en-
listed men living in the Washingto. arca,
including Mrs, Elmo Zumwalt.
We are pleased to have this pportu-
nity to meet and to confer with
of our Navy personnel and
he ladies
) provide
them with an insight to tile procedures
and operations of the Cong .ess.
It is important for all c our citizens
to be fully familiar wit anti active'.
concerned in our systen of governnien.,
and it is even more in oortant that cur
service personnel, wh
dors throughout the
a,nd conversant wit':
Congress.
Tim newer Renniblican Members of
Congress in. the .3d Club are pleased to
Meet and look forward
with the Navy wives dur-
.3e of these congressional
act as ambassa-
world, be familiar
the workings of the
undertake this
to their dialog
ing the coo
seminars.
THE MAJ ARITY LEADER COMMENTS
ON P: i:NNSYLVANIA'S ELECTION
RES(' .,TS
i
Mr O'NEILL asked and was given
penkisi .sion to address the House for 1
miti? e, to revise and extend his remarks
ant. ielude extraneous matter.)
tr. O'NEILL. Mr. Speaker, at this
t would like to make a few corn-
n the election that took place
in Pennsylvania.
Jack A..urtlia. a businessman from
le
lents
yesterclin
Johnstowl:
his person
-Campaign
District, vvin
muted by our
a period of 26
Jack Murtha history of supporting
the workingimans interests in the
Pennsylvania Skitehouse won for him
Pa., took full advantage of
-ble, sound, and hardhitting,
win Pennsylvania's 12th
as we know, was repro-
colleague, John Saylor, for
ears.
the support of th
But it waS his
tion of labor and
with industrial sup
formidable plus to
people in that district,
ionvineing eonsol ida-
f arm support, along
ort, that added the
his campaign. His
firm, eminently reiesonable campaign
struck at the loss of
eminent on the issuei.
the energy crisis.
His slogan, "One Is
make a difference, was
onfidence gov-
of inflation and
nest man ean
only broad-
side at Wateiy,ate, and it .was an under-
undercurrent
standable and inadvertent
of the campaign.
It is my belief that this ii
a long string of colossal Act?
going to come the way of the
Party because of the people of the coun-
try are voting their resentment 13 to the
things that are happening in Ult. admin-.
istration, principally concerniqt, the
economy and the crises we ha0. been
working and living under for the ast 5
years.
the first in
ies that are
nnocratie
ELECTION IN PENNSYLVANIA
(Mr. CEDER.BERG asked and was gi
en permission to address the House r
? form), tangible obgcts, and other things of
Mr. CEDEREERG. Mr. Speaker, I inive
7.ilect with interest to the nutp,rif'y
leadei'lATardilla the election in
vania. If 1-...Akere on the ether Ode of the
aisle, I would lin"; be too lieartifned by the
results. I under' they Ave. won now
in the unofficial restate?hyr32 votes out of
120.000 in. a clistrietallie',Nza.ci over 9,000
more registere5?W-:Cnocrats :ON Republi -
cans, `rhat,14"rdly looks like a Ividslide
to ine,,,,infa I would caution thea that
prolyAly the election is not even ove: as
4101V.
:NVESTICiATORY POWERS OF COM:-
lAIITTEE ON JUDICIARY 'WITH
RESPECT TO ITS IMPEACHIVIENT
INQUIRY
:Mr. ROD/NO., Mr. Speaker, call op
House Resolution 803 and ask for its im-
mediate consideration.
The Clerk read the resolution as fol-
lows:
503
Resolved, That the C, 'minion the Ju-
diciary, acting as a whole or by arty so hcom-
rnittee thereof appointed by the Chairlrlaa
for the purposes hereof and in accordance
with the rules of the committee, is author-
'iced and n
directed to investigate tinily and
comple tely whether - tin incient grounds -
for the House of tleprtnentaliveg I;o ereig>
its constitutional power to impeach 1,-nchard
M. Nixon, President of the United Sk.,:jcs el
America. The committee shall report to the
House of Representatives such resolutions.
articles of Impeachment, or allic.r recommen-
dations as it deems proper.
SEC. 2. (a) For the purpo,,,e of nta.king such
invee.tigation, the committee is autirerIzed
to require--
(1) by subpena or otherwise--
(AI the attendance and toslimouy of any
person (Including at a taking of a deposi-
tion by counsel for the conunit tee) ; and
CB) the production of such .tidive and
(2) by interrogatory, the fornh,hing of
snail information;
as it deems necessary to such inve,.,.1.10tion.
(b) Such authority of the e.:mfroittee. tulip'
be a:::,?reified-----
(1) by the ehaahroi and the raril-7ing
Millim ity member acting jointly, or, if either
declines to act, by- the other acting alone,
except that in the event either so deellum
either shell have the right to refer the
Commte
ite for decision the go est tvilteCher
Bitch authority shall be to C:t:PITICLI and the
committee' shall bo convened promptly to
render that decision; or
(2) by the committee acting as a whole or
by subcommittee.
Subponas and intaN'ogatorio.,: no authorlzeit
may be issued over the signal the
chairinan, or rankin ra
g ttiOtiq' 111:ralb or
;er,
toy me.mber (iealgart;;Od fry either of then?,
MAI may be served by any person .(ils?gtilltod
by the chairman, or raoling lAlfiloilt,y mem-
ber, or tutu,' member designated by either of
them. The chairman, or ranking minority
member, or any member designated by either
of them. (or, with respect to any deposition,
answer to interroga(ory, or allidwAt, any per-
son authorized by 1:c.v to adruinister oaths)
may administer oaths to any -witness. For the
purtmses Of th.1:7, section, "tbing3 d
" inclues,
without limitation,
books, reorrd. or
-3, cres-
pondn
ece, logs, Journals ammy
, 'T:twirl/us,
papers, docm
uent:A, d rawing
graphs, charts, pltotograpii, reuroductiot!s,
recordings, ta)es, tra ti;11,,,r1p pri lou Es, data
(vs-Imitations from which tutor ad hat cart be
obtained (translated if necessary, through
dotecuon devices into reasonably u.sabl,.?
(Mr. Gumal)4011314TiVestilPutt,Rtgease 200410 29t4 03-1,AgROP7454300380R000500 3000 -2
vet-mission to adaress the House for I remarks,) ar.o. 3. For the ptirpose of making such
Approved For Release 2001/08/29 : CIA-RDP75600380R000500330003-2
Fobruary 6, 1974 CONGRESSIONAL RECORD? HOUSE
1 i 1etcealion, tas conniatttee, and any sub-
c:sumittee thereof, are authorized to sit
cad ruit, w1 bout regard to clause 31 of rule
XI of the Rules of the House of Representa-
tivec, during the present Congress at such
times and places within or without the.
United Mates, whether the House Is meet-
ing, has recessed, or has adjourned, 11T1C1 to
hold such hearings, as it deems necessary.
4. Any funds made available to the
Committee on the Judiciary under House
Resolution 702 of the Ninety-third Congress,
adopted November 16, 1973, or made _avail,.
able for the purpose _hereafter, may be ex-
pended for the purpose of carrying out the
investigation authorized and directed by
this resolution.
CALL OF THE HOUSE
Mr. FROEHLICH. Mr. Speaker, I make
the point of order that a quorum is not
present.
The SPEAKER. Evidently a quorum
is not present.
Mr. O'NEILL. Mr. Speaker, I move a
call of the House..
A call of the House was ordered. ?
The call was taken by electronic de-
and the following Members failed
. to respond:
[nou No.
Ati..aut Fraser Pepper
Jiroyh ill, Va. Gibbons - ? Poyser
C,Ilaaah
- Way
Gubser
Don H. Haley
Rowell, Ohio
Railsback
Reid
Roncallo, Wyo.
Dingell 1311111111. }looney, N.Y.
Jones, Ala, Rosenthal
Eckhardt Loti }toy
Eilwaxils, Ale. MeSpadden Bikes
Eawards, Calif. Mathias, Skubitz
Eseh Mills black
Feb Murphy, N.Y.
Ft rd ra61:1111111
The SPEAKER. On this rollcall 390
Members have recorded their presence by
electronic device, a quorum.
By unanimous consent, further pro-
ceedings under the call were dispensed
with.
PERSONAL EXPLANATION
RONCALIO of Wyoming. Mr.
flocelser. may I be included in the quo-
rum cell? I was here before the gavel
foil. Has the vote been announced, Mr.
Haeoker?
ithe SPE.AKETtt. The gentleman's re-
marks will appear in the record.
Mr. ? RONC.ALIO of Wyoming. Mr.
Speaker, I appeared before the an-
nouncement. May I be heard?
The SPEAKER: The Chair looked all
over the Chamber after the Chair. bad
announeed that all time had expired. and
the Chair always requests that Members
will cooperate in making their presence
known. The Chair never announces the
result,- even after he has said that ?all
time has expired, without looking all over
the Ciitamber.
abs RONC.ALIO of Wyoming. I thank
the Chair. Mr. Speaker.
INVESTIGATORY POWERS OF COM-
MITTEE ON THE JUDICIARY WITH
RESI"'ECT TO rrs- IMPEACHMENT
INQUIRY
Mr. RODINO. Mr. Speaker, I yield my-
self such time psi. may consume,
Mr. Speaker, the English Etatestnall
Edmund Burke said, fin addressing all
important constitutional question, more
than 200 years ago:
We aand In a situation very honorable to
ourselves anil very useful to our country, if
we do not abuse or abandon the trust that 18
placed in 1.1.11.
We stand in such a position now, and--
whatever the tesult?we are going to be
just, and honorable, and worthy of the
public trust.
Our resPonsibility in this is clear. The
Constitution soya, in article 1; section 2,
clause 5:
The Rouse of Representtives, shall have
the sole power of impeachment.
A number of impeachment resolutions
were introduced by Members of the
House in the last session of the Con-
gress. They werereferred to the Judiciary
Committee by the Speaker.
We have reached the point when it is
Important that the House explicitly con-
firm our responsibility under the Con.-
We are asking the House of Represent-
atives, by this resolution, to authorize
and direct the Committee on the judi-
ciary to investigate the conduct of the
President of the United States, to deter-
mine whether or not evidence exists that
the President is responsible for any acts
that in the contemplation of the Con-
stitution are grounds for impeachment,
and if such evidence exists, whether or
not it is sufficient to require the House
to exercise its constitutional. powers.
As part of that resolution, we are ask-
ing the House to give the Judiciary Com-
mittee the power of stamens in. its in-
vestigations.
Such a resolution has always been
passed by the House. The committee has
voted unanimously to recommend that
the House of Representatives adopt this
resolution. It is a necessary step if we
are to meet our obligations.
Beyond that, at this preliminary point,
we are going to soy little. The committee
is seeking to understand just what Is con-
templated in the constitutional definition
of impeachment.
For this, we have the papers of the
Founding Fathers, some historical prece-
dents, and the words of the Constitution
itself. We are studying these.
The committee is seeking to under.
stand the events within the scope of our
Investigation. We will consider, on the
basis of Impeachment resolutions already
referred to us, of evidence already on the
'public record and of other evidence,
'whether or not serious abuses of power or
violations of the public trust have oc-
curred, and if they have, tithether, under
the Constitution, they are grounds for
impeachment.
We will consider whether, in fact and
under the Constitution, the President is
responsible for any such offenses.
These are extremely firave questions,
winch seriously preoccupy the country.
We cannot turn away, out of partisan-
The SPEAKER. TheAppilriVeti fFew Retaasex20011081/29.anCIA4RDP75800880R00171500330003-2
New Jersey Is recognized. are now 01117 responsibility, our inesscapa. If, after a full and complete lovestiga-
11 527
Me' to Consider. It would be
a violation of our own public: trust if We,
cts ti.10 people's representathes, chose not
to inquire, not to consult, not even to
deliberate, and then to pretend that we
bad not by default, made choices.
Whatever we learn., whatever we con
-
etude, the manner in whielt we messed
is of historic importance?to the cone -
try, to the Presidency, to the House, to
the people, to our constitutional system,
and unquestionably, to future genera-
tions. This Nation Was founded in re-
sponse to one abuse of power: our Con-
stitution' was written to guard. 'against
others, whether by the Government
against its citizens, or by any branch of
Government against another.
We, as representatives of the people,
were elected under that Constitution,
which specifically defines our pOwers and
obligations. Our whole system, since the
Founding Fathers, rests on the principle
that power itself has constitutional lim-
its and embodies a trust. Those who gov-
ern are regularly accountable to the peo-
ple, in elections, but always most high-
ly accountable to the law and the Con-
stitution itself. We ourselves are ac-
countable. We will be worthy of our trust.
We know that the real security of this
Nation lies in the integrity of its in-
stitutions, and the informed confidence
of its people. We will conduct our delib-
erations in. that spirit.
It has been said that our country,
troubled by too- many crises in recent
years, is too tired, to consider this one,
In the first year of the Republic, Thernas
Paine Wrote:
Those who expect to reap the blessings of
freedom must, like men, 'undergo the fatigue
of supporting it.
For almost 200 years, Allielie,f1DS have
underkmne the stress of preserving their
freedom and the Constitution that pro-
tects it. It is our turn now. -
We are going to work expeditiously
and fairly. When we have completed our
inquiry, 'whatever the result, we will
make our recommendations to the House.
We will do so as soon as we can, con-
sistent with principles of fairness and
completeness.
Whatever the result, Vitiate Ver we
learn or conclude, let us now proceed,
with such care and decency and
thoroughness and honor that the vast
majority of the American people, and
their children atter them, will say: That
was the right courseeThere was no oth-
er way.
Mr. Speaker, I shall now seek to es -
plain the resolution.
House Resolution 803 authorises and.
directs the Committee on the JUdiCiary,
acting as a whole or by subcommittee es.
tablished or designated for this riurposo
to investigate fully end 'completely
whether sullielent grounds esist for tile
House to exercise its constitutional potter
to impeace Richard M. Nixon. President
of the United States of America. It di-
rects the committee to report to tile
House any resolutions, articles of int-
PeaehMent, or other rectoomenciatitnis
Approved For Release 2001/08/29: CIA-RDP75600380R000500330003-2
II 528 CONGRESSIONAL RECORD --HOUSE February 6, 1974
(ion, the committee determines not to
recommend impeachment to the House,
it may report this conclusion, together
with: any resolution that it deems ap-
propriate in these circumstances. If, on
the Other hand, the - committee deter-
mines after its investigation to recom-
mend impeachment, it may report a reso-
lution of impeachment that may include
or be accompanied by specific articles of
impeachment, as well as any other ap-
propriate resolutions. or recommen-
dations, .
The scope of the investigation author-
ized by House Resolution 803 is. stated
broadly to avoid foreclosing inquiry into
any matter that may bear upon, or ulti-
ma tely lead to evidence bearing upon, the
existence or nonexistence of sufficient
grounds for impeachment.
The. powers of the House in an im-
peachment investigation stem from the
express grant to the House by the Consti-
tution of the sole power of impeach-
ment; they,. do not depend upon any
statutory provisions or require judicial
enforcement. The sole power of impeach-
ment carries with it the power to conduct
a full and complete investigation of
whether sufficient grounds for impeach-
ment exist or do not exist, and by this
resolution these investigative powers are
conferred to their full extent upon the
Committee on the Judiciary. It is In-
tended that the committee and its sub-
committee be empowered to exercise in
any and every case the full, original, and
unqualified investigative power conferred
upon the House by the Constitution.
House .Resolution 803 empowers the
committee to require the attendance and
testimony of such witnesses as it deems
necessary, by subpena or otherwise. It
authorizes ? the committee to take such
testimony at hearings, by affidavit, or by
deposition. Depositions may be taken be-
fore counsel to. the committee, without
a member of the committee being pres-
ent, thus expediting the committee's in-
vestigation. House Resolution 803 fur-
there authorizes the committee to require
the furnishing of information in response
to interrogatories propounded by the
committee. Like the deposition author-
ity, the authority to compel answers to
written interrogatories is intended to
permit the committee to conduct a thor-
ough investigation under as expeditious
a schedule as possible.
- The committee's Investigative author-
ity is intended to be fully coextensive
with the power of the House in an im-
peachment investigation?with respect
to the persons who may be required to re-
spond, the methods by which response
may be required, and the types of infor-
mal:kin and materials required to be
furnished and produced. It includes the
right, to the extent the committee deems
necessary for purposes of its investiga-
tion, to obtain full and complete access
lo any persons, information, or things in
the custody or Under the control of any
egency, officer, or employee of the Gov-
ernment of the United States, includ-
ing the President.
other process and the power to determine
the necessity of the information sought
to the investigation as contemplated by
subsection (a) of section 2.
Of course, the committee may, in the
? first instance, exercise this same authore
ity acting as the Whole Committee or
by a subcommittee.
Mr. McCLORY. Will the gentleman
yield for an inquiry?
? I would like to inquire of the gentle-
man his intention with respect to the
? conclusion of this inquiry and when the
gentleman intends to report the findings
and conclusions of this inquiry to the
House of Representatives.
Mr. RODIN?. The gentleman knows
that the chairman has stated time and
again that it is his intention and the
intention of the committee to impose
upon itself a target date of April 30. But
the chairman recognizes, as the commit-
tee does, that to be locked in to such a
date would be totally irresponsible and
unwise; the committee would be in no
position to state at this time whether our
inquiry would be completed, would be
thorough, so that we can make a fair and
responsible judgment.
Mr. McCLORY. Will the gentleman
e yield further?
Mr. RODINO. I cannot yield further,
because I have little time and I would
like to yield now to the gentleman from
Michigan (Mr. Hurcmeisoel) 5 minutes
for the purposes of debate only.
Mr. HUTCHINSON. Mr. Speaker, the
first section of this resolution authorizes
and directs your Judiciary Committee to
Investigate fully whether sufficient
grounds exist to impeach the President
of the United States. This constitutes the
first explicit and formal action in the
whole House to authorize such an
inquiry.
The last section of the resolution vali-
dates the use by the committee of that
million dollars alloted to it last Novem-
ber for purposes. of the impeachment in-
quiry. Members will recall that the mil-
lion dollar resolution made no reference
to the impeachment inquiry but merely
alloted that sum of money to the com-
mittee to be expended on matters within
Its jurisdiction. All Members of the House
understood its intended purpose.
But the rule of the House defining the
jurisdiction of committees does not place
jurisdiction over impeachment matters
in the Judiciary Committee. In fact, it
does not place such jurisdiction any-
where. So this resolution vests jurisdic-
tion in the committee over this particular
impeachment matter, and it ratifies the
authority of the committee to expend for
the purpose those funds allocated to it
last November, as well as whatever addi-
tional funds may be hereafter authorized.
The principal purpose of this resolu-
tion is to vest subpena power in the com-
mittee for purposes of its investigation.
As the chairman (Mr. RODINO) has ex-
plained, the power is vested in the com-
mittee, and the committee acting as a
whole or by subcommittee may direct the
issuance of a subpena.
There it is provided that the chairman
and ranking minority measlier act
jointly, or, if either declines to act,- then
by the other acting alone. In that case,
however, either he who declines or he
who assents may take the issue to the
whole committee, where the question will
be whether the subpena shall issue.
Now it is obvious that if such differ-
ences as are taken to the committee be
decided along part Y lines, the ranking
minority member will be the loser every
time. But the majority have committed
themselves to a fair, impartial and com-
plete inquiry, and being so committed, 1
would not expect them to deny to the mi-
nority the right to .adduce relevant fac-
tual material which would contribute to
the completeness of the inquiry. Should
they do so, we would of course call atten-
tion to their refusal:
The chairman and I are agreed that
If a subpena is to be issued to the Presi-
dent of the United States, only the full
committee shall authorize it. I inform
the House here and now that I will de-
cline to join in the authorization for
such a subpena, thus assuring that the
question will reach the full committee.
I do not contemplate that the necessity
for such a subpena will arise. I believe
the House should avoid constitutional
confrontation, and that every effort be
made to request only that information
which is relevant. I expect the committee
to ask for specific documentation and to.
be able to justify its relevancy.
- I will join with the chairman in au-
thorizing subpenas only after under-
standing exactly what is sought and the
reason for it, and then only after every
reasonable effort to obtain the informa-
tion through voluntary request and dis-
cussion has been exhaustedeI believe re-
sort to the subpena power should be
the last resort, not the first.
The resolution before you carries no
cutoff date. The committee has set for
itself. a target-date Of April 30, 1974. The
tragedy called Watergate has now been
the subject of inquiry for approximately
a year, the Senate Watergate Committee,
by the Special Prosecutor's Office, now
by the House Judiciary Committee. Al-
though charges have raged in the media
there ha.s yet to be demonstrated any ?
evidence of impeachable conduct. There-
fore, if by the end of April no such evi-
dence has been produced, the committee
should so report to the House and end
its labors.
Mr. RODINO.? Mr. Speaker, I yield 5
minutes for the purpose of debate only
to the gentleman from Texas (Mr.
Deems).
(Mr. BROOKS asked and was given
Permission to revise .and extend his re-
marks.)
Mr. BROOKS. Mr. Speaker, it should
be pointed out that the action of the
Judiciary CommIttee and its chairman
in sharing the authority to issue sub-
pena,s with the ranking minority mem-
ber is Against all precedents. I add that
It is also over my objections. However,
it is the Will of the chairman and the
The authority of tAre, shaionegiE
ranking minority zniReigigeRt anti' isAtablatgifi?3810tiNVOW(41 to underline
menffiRKM becTiVik atd.
Is intended to include both the power to thority of the committee will be exer- the nonpartisan nature of our responsi-
authorize the issuance of a -subpena or cised In accordance with section 2(b) (1). bility. I trust my colleagues of the
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February 6, 1974
CONGRESSIONAL RECORD ? HOUSE
minority will recognize this and I urge
them to respond in kind,
The chairman and the majority mem-
bers of the Judiciary Committee have
every intention of Proceeding expediti-
ously, fairly and thoroughly. However,
we can only do so if we have the co-
operation of .the minority. Chairman
Roonzo is clearly going out of his way
to prevent any actions that could be
Interpreted as partisan. He cannot, nor
can the committee as a whole, proscribe
? any acts or statements of individual
members. However, I am hopeful that
this willingness to share a power tradi-
tionally and jealously held by the chair-
man will inspire our colleagues of the
'minority to also put aside purely parti-
san activity.
I am not charging partisanship on the
part of my Republican colleagues, nor
have any of my colleagues on this side
of the aisle. However, such charges have
been heard from some of the minority
and from one who only recently was a
Member of this body. I urge those in-
dividuals to refrain from such divisive
activities and let the committee proceed
with its work unhampered by regularly
having to respond to baseless charges of
conspiring or worse.
Mr. DENNIS. Mr. Speaker, will the
gentleman yield? -
Mr. BROOKS. I yield to my distin-
guished friend, the gentleman from
Indiana.
Mr. DENNIS. I thank My distinguished
friend for yielding. ?
? I am not suggesting, of course, any
such think as partisanship, but since the
gentleman has brought up the matter of
how generous and fair the chairman of
the majority has been on this subpena
power, I would like to remind the gentle-
man from Texas that he had an oppor-
tunity in the committee to vote for an
amendment on that verY point which
would have given the minority exactly
even and equal subpena power, instead
of subjecting the alleged joint power to
a veto by a majority of the committee,
Ls was done, in the resolution actually
presented.
Mr. BROOKS. In reply to niy distin-
guished friend, I would -make crystal
cl-iar that the authority given to the
minority member and to the chairman,
?the right to exercise authority, is essen-
tially the same. It is the same. Both are
subject to a veto by a; Majority of the
membership of that committee.
This House has operated for many.
y..ars by a majority rule, and in every
committee in this Congress that has the
authorityto issue subpenas the issuance
Is normally by the chairman. He issues
them, but the authority rests in the com-
mittee. In this instance if there were
sonic controversy, certainly we could not
enforce a subpena if the Majority of the
( emmittee were opposed to it.
Mr. DENNIS. Mr, Speaker, will the
gentleman yield again?
Mn. BROOKS. I yield to the gentle-
Man from Indiana.
Mr. DENNIS, I thank the .gentleznan
for yielding. I will point out, of course,
as the gentleman well knows, that in vestigation of d_tlie_sonalniStoe_ean_geo
effect the majority in tficpprieVittleFtlr? ReteaseentadigAtAvidtkVina
bra this is not by April 30, The gentleman's Word is
a normal situation or I would not even
argue about giving the subpena power to
the chairman alone. This is unique. This
is a question of the impeachment of the
President, and there ought to be the
very greatest and most complete equality.
Mr. BROOKS. We would have consid-
erable differences if I were the chairman
and the gentleman from Indiana the
minority leader of the Republicans. But
Mr. IlwreumsoN agreed to it and feels
that it is a fair and reasonable proposal.
My chairman, the gentleman from New
Jersey (Mr. Roraxo) agreed to It and
thought it was a fair and reasonable pro-
posal. I was not really in favor of doing
anything about it, but they insisted they
wanted it, and this is a fair and quite
reasonable extension of authority for the
minority.
Mr. FLOWERS. Mr. Speaker, will the
gentleman yield?
Mr. BROOKS, I yield to the gentleman
from Alabama.
? Mr. FLOWERS. I thank the gentleman
for yielding.
I would agree with the gentleman that
the majority on the committee is doing
everything within its power to avoid any
partisanship on this entire matter. I re-
gret that my friend, the gentleman from
Indiana?whom I respect and admire a
great deal?Injected it at this point. Al-
though the majority, of course, are Dem-
ocrats on the House Committee on the
Judiciary, I do not think the proceedings
thus far reflect any partisanship by the
majority side.
Mr. BROOKS. I fully concur in the
gentleman's views.
The SPEAKER pro tempore (Mr.
ROSTENKOWSKI) . The time of the gentle-
man has expired.
Mr. RODIN?. Mr. Speaker, I yield for
the purpose of debate only 3 minutes to
the distinguished minority leader, the
gentleman from Arizona (Mr. RHODES).
(Mr. RHODES asked and was given
permission to revise and extend his re-
marks.)
Mr. RHODES. Mr. Speaker, this is a
very solemn occasion. It has happened
but once in the history of the Republic
that a resolution such as this has been
on the floor of the House. I think we all
should regard it as being a very solemn
occasion, as I do.
The country wants Watergate to be
ended as rapidly as possible. I am satis-
fied that the Members of this House
want Watergate to be ended as rapidly
as possible. Therefore, I regard the res-
olution which has been brought to the
floor here as being a completely appro-
priate exercise of the authority and the
duty of the Committee on the Judiciary
to conduct such investigations as are
necessary in order to determine this very
important question which is facing the
House today.
I have had occasion to talk with the
distinguished gentleman from New
Jersey, the chairman of this committee,
at length concerning his ideas about the
investigation and the length of time
involved. He has told me, as he has told
the House, that he believes that the In-
II
good with me, and I certainly intend to
accord him the credibility which he has
earned?and he has earned it.
As far as I am personally concerned, if
the question arises, I will vote for the
previous question on the matter of agree-
ing to the resolutien, and it will be my
purpose to do whatever is necessary to
make sure that the resolution is agreed
to.
Of course, if it should happen that
partisanship should come into this very
solemn inquiry, then the minority will
have to look at its options and decide
what it will do from then on, but I think
the statements which have been made as
to the fact that this is an inquiry which
is a fact-finding expedition of the very
highest order are in accord with the ideas
of the framers of the Constitution when
they decided that this was the procedure
to be followed. As long as the inquiry
proceeds in this line and it is highly pro-
fessional?and I think thus far it has
been?then it will be my purpose to co-
operate fully With the members of the
Judiciary Committee and the staff and
do everything I can to -make sure that
everybody else will do everything they
are called upon to do so.
I think in this way we can best serve
the interests of our country and have this
inquiry go ahead and be ended as rapidly
as possible.
Mr. RODIN?. I yield 5 minutes to the
gentleman from Illinois (Mr. MeCLonv
for the purpose of debate only.
Mr. McCLORY. Mr. Speaker, I thank
the gentleman from New Jersey (Mr. Ro-
om()) for yielding.
Mr. Speaker, I do not like to disagree
with my minority leader but I do think
this resolution is deficient in one respect,
and that is there is no cutoff date. I think
what the American people want more
than anything else is not only a complete
and thorough investigation but also an
early conclusion to this matter of the
pending impeachment inquiry.
I asked the question of my chairman
a few moments ago as to what the cutoff
date would be. I am sure that by press-
ing for an amendment to establish a
final date for the committee's report we
have encouraged him to decide on this
cutoff date of April 30. He of course hopes
to get through by that time.
But at the same time I want to point
out that we are delegating authority?
and we are delegating broad and unprec-
edented authority here--to? a commit-
tee for a unique and extensive investiga-
tion. So we should have some kind of
date when the committee is going to re-
port its conclusions back to the House.
There is no cutoff data, no termina-
tion date in this resolution which is be-
fore us today. It can go on and on for-
ever.
Sure, I have confidence in the word of
my chairman and confidence in his hopes
and expectations, and -be would like. to
get this inquiry over with earlier, I sup-
pose. But certainly we should have sonic
final cutoff, some termination date.
Whatever that should be, I think the
-House should decide today. I would like
cast, ateuftow6y,ield so that r
tAt, and he has
been very nice to yield to me for purposes
H .530
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CONGRESSIONAL RECORD?HOUSE February 6, .19,"4.
of debate, but I do not think he will.
yield to me for purposes of offering my
zIrOendment,
it seems almost beyond belief that a ?
resolution of this importance and of such
great historic rdg nificance is being pre-
nted 'without opportunity for amend-
ment and under a rule which limits the
debate to 1 hour. It seems to me that
we should have an opportunity to offer
on. amendment to this resolution, and I
will, when the chairman makes the mo-
tion on the previous question, ask that
the motion be voted down. If it is voted
down, then, and only then will I have
on opportunity to offer an amendment.
I will offer an amendment which will
call for a report of the conclusions and
the recommendations, whatever they are,
to this House on or before April 30, or if
there is some better, date then let us have,
the better date and, put it in.
It was suggested that perhaps we
should have 15 more days ris an out-
side time limit on this, but there should
boa time limit.
I know we have all gone back to our
constituents and said: "How do you feel
about impeachment?" And some have
said: "I am for impeaehment" and some
have said, "No, I am against impeach-
ment," but what do 80 percent of the
people say? They say: "Get this business
of impeachment behind us as rapidly as
we can." .
The chairman asks for an early con-
clusion and our leaders say it must be
concluded expeditiously, but the people
ought to know when, and it is up to us
to embody in this resolution a response
to their question?when.
If for some reason 'there is a hamper-
ing of our investigation, if the White
irons? Impedes our investigation, if other
people impede our investigation, it is a
very simple matter to come back here
and get an extension of time of 15 days
Or 70 days, end I will support such an
extension and. so will all the Members
because we do not want our prerogatives
to be impinged upon in any way by any-
body. We do have complete authority in
this area and we should exercise it. I
support the resolution insofar as the
broad grant of subpena authority is-con-
cerned. But I also support a final date
when we can conclude our inquiry and
report to the House and to the American
people and get this issue behind us.
We have many other important issues
before us such as the energy crisis; the
problems of inflation and the budget and
education and health and ninny others.
All those legislative problems are going
to be held up and impaired as long as
this matter is hanging over our heads. -
So I implore Members on both sides
of the aisle. This is certainly not a par-
tisan. 'subject in any way at all. It is a
pica for the House of Representatives
to net responsibly and expeditiously and
I ell the American people where we stand
end how we stand and when we are going
1 I wind up this impeachment inquiry.
We get criticized by the public, and we
criticize ourselves because of the slew
manner in which wdAtrprbtfiTFCWIRei
here we have an opportunity to demon-
strate----and declare that we can get the
job done expeditiously. We have set tar-
get dates for a legal and constitutional
report on impeachment to be available on
February 20, and to have all of the
available factual material before our
committee on March 1. If we cannot in
the following 2 months wind up our in-
quiry it seems to me there is footdrag-
ging, there is prejudice, and there is Par-
tisanship. I hope that when the motion
on the previous question is made we will
vote it down so that we may have an
opportunity to vote on my amendment
to require the judiciary Committee to
report its findings and conclusions on
or before April 30, 1974.
As I said earlier, Mr. Speaker, it had
been my :hope that the chairman would
yield to me for purposes of offering an
amendment to the pending resolution.
Let me my first of all that I support the
resolution confirming the authority of
the House Judiciary Committee to con-
duct the comprehensive impeachment
inquiry contemplated by the language of
this resolution. The resolution appropri-
ately directs our committee to investigate
fully and completely whether sufficient
grounds exist for the House of Repre-
sentatives 'to impeach the President. In
Other words, we are to determine whether
such grounds exist--or do not exist.
Furthermore, I support the broad sub-
pena authority provided in this resolu-
tion, including the manner in which the
authority is to be exercised jointly by
the chairman and ranking minority
member, or by either acting alone except
that either has the right to refer the
decision to the full committee in order
for such authority to be exercised. How-
ever, Mr. Speaker, the resolution is open
ended. There is no date referred to in
the resolution when the authority of the
cornmittee would expire. There is no re-
quirement for the committee to prepare
and report its findings and conclusions
to the House, and there is no expiration
date for the sweeping and unprecedented
subpena authority which is embodied in
this resolution.
Now, Mr. Speaker, the only way in
which I can aniend this resolution and
to establish some date upon which the
committee shall report to the House of
Representatives is first, to have this
House vote down the previous question
when such a motion is made by the Gen-
tleman from New Jersey (Mr. Homo).
If the previous question is voted down,
as I hope and expect it will be, then I
will simply offer an amendment to re-
quire the committee to report its find-
ings and conclusions on or before May 15,
1974. This date does not mean that the
committee will, or will not recommend
Articles of Impeachment. It simply
means that the committee is required to
complete its investigation and offer Its
recommendation on or before that date.
Mr. Speaker, I have been favorably
Impressed by the manner in which the
chairman and the committee staff have
proceeded expeditiously with the investi-
/0t61/06029g 9k1207P
tents and dilatory practices which char- woUld point 'out that a number of iny
before t committee. wev
criticized because of o r laborious sys- mg .
tl we do our work; but colleagues and I raised substantial com-
fir et ze ie NY 3,
plaints regarding delays and illadtion in
a broad-range discussion of the subject
of impeachment on the door of this
House on Ttiesdae, December 123, and it
was not until the followingday that the
chairman in a spirit of limo bipartisan-
ship: First, consulted with senim.
fem-
her-s of the minority, second, announced
appointment of a special counsel for the
committee, and third, first stated that
the committee hoped to complete its
work and report to the House by the end
of April 1974.
Mr. Speaker, the April 30, 1974, date
has been reiterated at various times. It
is a date which I have come to regard
as the time when this inquiry will be
completed, and the Judiciary Committee
and-the House itself can get on with the
other great questions facing us without
the specter of impeachment facing us.
Mr. Speaker, the people of the Nation are
concerned and confused on the issue of
impeachment. The subject is not well un-
derstood, I suspect that even some Mem-
bers of the Congress may view the pres-
ent inquiry in a light fax beyond that
winch is justified. We are all receiving
mail from those who favor, aS well as
those who oppose impeachment. 'Die ac-
tion groups which in no sense represent
a broad cross section of the people of
the Nation will, nevertheless, appear
more determined and more vocal as the
work of our committee progresses, lint
any of us who endeavor to secure a cross
section of opinion in our congressional
districts will attest to the fact that our
constituents and the people of the Nation
\milt this issue of impeachment resolved
expeditiously. That, indeed, is the main
Impact of the amendment which I shall
offer. It will provide an additional 2
weeks beyond that which the chairman
has expressed as a final date for the
completion of our work. Indeed, it should
enable the HOMO to approve Or dir3Op-
prove of the committee's recommenda-
tions before June 1.
Mr. Speaker, I am not aware of any
special investigations undertaken by ad
hoc or special committees of this Cham-
ber which are open ended. That is not
the way to secure results or encourage
expeditious action.
In pressing for an April 70 cutoff date,
I do not want for one in' tont to relin-
quish my right to support an extension
of time if there is any deliberate action
on the part Of the White House or else-
where which would hamper or delay our
committee in completing its work. In-
deed, I pledge right here and, now that
I would support an extension of time in
such a. case. On the other hand, I am
aware of the delays which have occurred.
thus far, and I have taken note of the
'long drawn-out proceedings which ac-
companied the impeachment action in-
itiated against President Andrew John-
son. I can recall, also, in the literature
that the ittmeaehment of Warren Hast-
ings in Great Britain went on for 7
years?and was pending when the con-
stitutional provisions whieh we are ap-
plying were adopted in 1787.
Mr. .Speaker, we have established a
0101110-0000' w):OXICC With
Ttft.c:e. This time-
table contemplates an historic report
on the constitutional and legal aspects
Approved For Release 2001/08/29 : CIA-RDP75600380R000500330003-2
e4ttary 6, 1914 CONGRESSIONAL RECORD ? HOUSE
H 31
of impeachment on February 20. In ad- processed in the House, and 6 months in at the sufferance of the mitiority, but an
dition, a summary on the factual hives- the Senate. independent right vested in the minority,
tigation of the , various categories in- The impeachment of James H. Peck Let me tell the Members that this resolu-
volved in the committee's work is set for required the most time for trial of a Fed- tion denies to the tninority- the right to
March 1. At that time, the staff will era] judge. The House took 3 years and 5 make its case. .
set forth the uncompleted factual work months to complete its action, and the You, the majority, ought not to accept
which most be undertaken. In all can- Senate was occupied for 8 months that. It is inherently unfair.
dor, Mr. Speaker, it seems to me that with the trial. Mr. DRINAN. Mr .? Speaker, will the
the following 2-menth period from We do not want any delay of that kind, gentleman yield?
March 1, to May 1, should be adequate but X am trying to point out that it takes Mr. WIGGINS. Mr. Speaker, :I yield to
for completion of the factual investiga- . a reasonable amount of time to do a re- the ? gentleman front Massachusetts.
I tion which our committee must under- sponsible job. (Mr. DR1NAN asked and was given
take in order to perform the kind of I yield back the balance of my time. permission to revise and extend his re-
? thorough and complete job with which Mr. RODIN?. Mr. 'Speaker, I yield 5 marks.)
we are charged. . minutes to the gentleman from. Call- Mr. DRINAN. Mr. Speaker, I am very
Mr. Speaker, we have am opportunity farina, (Mr. WIGGINS) far the purpose of happy to associate myself with the re-
today to reject charges of deliberate debate only, marks of the gentleman from California.
? delays, of footdra.gging or other partisan. (Mr. WIGGINS asked and was given Mr.- Speaker, I and two other Demo-
or prejudicial actions which would in- permission to revise and extend his crats voted for an amermhnent which
terfere with an expeditious resolution remarks). would have deleted the last clause of
of the impeachement charges. When the Mr. WIGGINS. Mr. Speaker, I thank section 2(b) (1) of the subpena, resolu-
motion is made on the previous (pies- the gentleman for yielding to me for the tion. In that section it is stipulated that
Mein, 1 shall request a rollcall vote and purpose of debate only, the authority of the committee may be
; urge you to vote down the previous I would like initially to place in focus exercised:
question .in order that 1 may offer an what is involved here today. The issue (1) by the chairman and ranith)g, minofity
amendment to bring the report and re- is not whether this House should conduct member acting jointly, or, If either declines
commendations of the Judiciary Coin- an investigation of Richard Nixon. There to set, by the other acting alone, except that
s s
Mittee on the impeachment investiga- is no controversy on that point. Nor is the in the event either o declines, either hall
Mott to the House membership on or issue today whether the House committee have the right to refer to the committee fordecision the question whether such author-
before April 30. in the conduct of that investigation ity shall be so exercised and the committee
? Mr. RODIN?, Mr. Speaker, I yield for should possess subpena power. Of course, shall be convened promptly to render ibid-
.* *
?
; purposes of debate only 3 minutcs.to the it should. decision
.
gentleman from Missouri (Mr. HUN- The narrow issue, however, is what J. proposal to omit ail of the ion-
shall be the circumstances under Which gunge after the word "execote in the
; (Mr.UCrT
HN.AE a subpena, power and was given the subpen power is exercised? With re- for was intended to prevent the
permission to revise and extend his re- spect to that question, I suggest that we majority of the Judiciary Committee
marks.) all should unite behind several precondi-
1 having the implicit power to prevent the
Mr. HUNG-ATE. Mr. Speaker, 1 find tions. We all should agree that the power ranking minority member from acting
i myself in the position of disagreeing with be exercised fairly, that the power should alone In extending a subpoena to indivi-
my learned colleague from Illinois (Mr. he exercised expeditioudy, and that the duals .or documents desirtol by him.. 0O-
MOCLorev) who states his point of view 'power should be exercised reasonably.
the. ttee
es usual very well, EIS viously well as it could be There should be no debate on those mm- gether if they so d commi esiredcould come to-
flu, exercising a
stated. imum preconditions On either side of the those rights spelled out M the rules, of
I support the previous question. I sup- aisle, But I regretfully report to the Mem- the House a Representatives, vote
port the target date of late April, but I hers that the resolution in its present against the issuance of the subpena in
do oppose curtailing the inquiry at any form does not meet these conditions. question..
tabitrary date. First, on the issue of fairness, let me
(
' w think our inquiiw must be fair and report to the Members the circuint4tances rhe proposal to omit these \yords as
expeditious DS can be without any arbi- under which the power can be exercised defeated in a vote with 16 ayes and 21
Ovary cutoff date. We must not find our- under the resolution. The majority may nays, almost all on a party basis.
selves in the position of the sky diVer do so and the minority may do so, but the It is rny conviction that; the majority
whose chute failed to open and be found right of the minority to subpena wit- and the minority should be permitted to
? he had jumped to it conclusion. We must nesses may only be exercised at the suf- seek evidence wherever they desire it and
tako the time necessary to do a respond- femme and with the consent of the ma- to subpena it in any way consistent with
No job. jority. 1 just ask the Members: is that the orderly progress of the impeachment
,
As we debate this very important mat- fair? Is that a fair procedure? Well, in Proceeding.
ter, let us throw some history at it. In the my opinion it is not. It is obviously and Mr. WIGGINS. Mr. Speaker, there is
previous impeachment in 1867 of Andrew patently 'unfair. one further issue I must raise within the
Johnson, it was referred to the Commit- The deck is stacked at the outset. I very limited time available, and I ask the
tee on the judiciary on January 7 that would. not expect the majority to tolerate indulgence of the chairman of the corn-
year. The report came out November 25, procedures which are basically and in- mittee.
noarly 11 months later. ? herentlY unfair. In order to correct the Mr. Speaker, the resolution pro-
? I am. sine that this committee will not inequity, the resolution must be changed, posed says that the power may be exer-
take anything, like that amount of time. 1 And the only way it can be changed is to eised when it is deemed necCSSary for the
simply give this to show what o; reason- amend the pending resolution. In order purposes of the investigation. Surely,. it
able time based on our only previous im- to make the resolution amendable, the is not the intention of the chairman to
peactunent might be, previous question must be voted down. pitrsue evidence which is not relevant to
? Since the adoption of our Constitution . Mr. Speaker, the argument has been the issue before us. May I have the as-
in L787, there have only been 12 impeach- made and was made that the majority surance of the chairman that Implicit to
merit proceedings, 9 of which have in- should prevail on these questions, and the concept of necessity is the concept: of
vol vcO. Federal judges. There have been that subpena power should not be vested relevancy?
only four convictions, all Federal judges. in the minority independent of the will Mr. RODIN?. Mr. Speaker, the con-
The time devoted by the House and the of the majority. That is a tenet, it is said, cept of relevancy is, of course, always
Senate to the impeachments that re- of parliamentary law. I agree with that basic, but in order to Inorre that the
stilted in the trials of the nine Federal ox a general proposition, but it does not scope Of the inquiry is such that WE` III aY
judges varied substantially. The im- address the question before us right now. be able to get to that, e-videnee, then it
peach ment of Robert AticiiiiitiniibipplatiaRgteia4s2ffoitimiati partiligynohoMpionotimmhisketin4qntrivi ic emPioY the
consumed the shortest Tilhe.- The Areh- WO; tile rififtOrilg firS A ripin? wrilamkrns' =mum ar-nrtmary", which permits
bald case required. 3 months to be 'ease. It has a right to make its cake, not the broadest scope of inquiry.
Approved For Release 2001/08/29 : CIA-RDP75600380R000500330003-2
532 CONGRESSIONAL RECORD ? HOUSE February 6, 1074,
Mr. WIGGINS., Mr. Speaker, I cannot
yield further to the chairman because
he has not yielded me sufficient time.
Mr. Speaker, I will, ask the ranking
minority Member if he agrees that the
concept of relevancy is implicit in the
. concept of necessity,.
Mr. HUTCHINSON. Mr. Speaker, I do.
? In my statement previously in debate, I
tried to. make that very clear.
Mr. WIGGINS. Mr. Speaker, I am
somewhat comforted that the legislative
plicit in the
Is the re-. ek evidence
which
e convened
o make that
history, at least, is clear. Im
grant of subpena authority
quirement that .it must se
which is relevant to the cha
caused this committee to b
at all.
Mr. Speaker, I would like t
explicit, not implicit, and to do so the
resrilittlon 14; [1mP1114.01. I RPP9,3
1,Ioi Momlovo, 1:0: mP1100, PA141.00 tTiti
in the responsible exercise or power, that
they vote down the previous question to
permit perfecting amendment which
have been discussed.
Mr. RODIN?. Mr. Speaker, I yield
3 minutes to. the gentleman from
Alabama (Mr. FLOWERS) for the purpose
of debate only.
(Mr. FLOWERS asked and was given
permission to revise and extend his re-
marks.)
Mr. FLOWERS. Mr. Speaker, I support
the resolution and intend to vote for it
as reported by the committee. I also sup-
port this inquiry only so long as we pro-
ceed fairly and with no undue delay.
The issue of impeachment is a first
priority in this new year. The inquiry
must go forward?everyone agrees?and
it must be thorough and complete?but
it must also be expeditious and the ear-
liest possible conclusion is imperative for
the good of the country.
? But both Special Counsel John Doar
and Minority Special Counsel Albert Jen-
ner have advised the Judiciary Commit-
tee that it is not DOW feasible to make a
responsible prediction of the date upon
which it will report its conclusions. The
committee has concluded that it is im-
possible to forecast the ceurse of the
investigation and its potential difficulties
at such an early stage. The committee
wishes to complete its Work as rapidly
as it can, consistent with doing it prop-
erly. The chairman has expressed the
hope that we can be finished this spring,
and I personally am committed to han-
dling this matter expeditiously. I am also
committed to doing nothing rash.?
whether respecting the substance of the
inquiry or respecting predictions of the
Lime of its conclusion.
As counsel have advised, a deadline
would be misleading. The committee
carefully considered amendments to es-
tablish various types of rigid time re-
quirements and rejected all of them. And
in doing so, it avoided an arbitrary dead-
line that actually might ultimately
operate as an unnecessary hindrance to
an early and just conclusion to this in-
quiry.
Mr. McCLORY. Mr: Speaker, will the
Mr. McCLORY. Mr. Speaker, I will
state to the gentleman that I did talk
with Special Counsel for the minority.
He said that he had no objection to an
April 30 or May 15 deadline. He did not
say that the imposition of a deadline
would impede or hamper the work of our
committee, and furthermore he supports
all of these target dates.
Mr. FLOWERS. Mr. Speaker, I will say
to the gentleman from Illinois that I was
present in the committee meeting when
the question was put to both Mr. Doar
and Mr. Jenner as to whether they sup-
ported a deadline or not, and as I recall
it, they both said, "We do not want a
deadline."
Mr. McCLORY. Mr. Speaker, will the
gentleman yield?
Mr. FLOWERS. I do not think this IS
?11
riant-nifiro,
My point here is that it is arbitrary to
make a fight over this.
Mr. McCLORY. Mr. Speaker, Mr. Jen-
ner stated that he would oppose a dead-
line if it applied to subpena power only.
But he would not object to reporting the
resolution on a fixed date of April 30 or.
May 15.
Mr. FLOWERS. Mr. Speaker, I will not
yield further to the gentleman.
Mr. FREY. Mr. Speaker, will the gen-
tleman yield?
Mr. FLOWERS. I will yield to the gen-
tleman from Florida.
Mr. FREY. Mr. Speaker, I just wish to
commend the gentleman from Alabama
(Mr. FLOWERS) for his forthright state-
ment. It makes a great deal of sense to
me, and because of it I am going to sup-
port the committee.
I believe it will be apparent to the
American people, if we do not Move ex-
peditiously with these, proceedings there
may be another time when we might dis-
agree, but that time is not now. I hope
for the good of the country that time
never comes. What we do will speak
louder than any promises or pledges of
good will.
Mr. RODIN?. Mr. Speaker, I yield
3 minutes for the purpose of debate only,
to the gentleman from New Jersey (Mr.
SANDMAN).
Mr. SANDMAN. Mr. Speaker, I pro-
pose to vote for the previous question.
I am saddened by the argument that
has taken place on this side. I had hoped
that my friend, the gentleman from Illi-
nois, would not raise the question, but
he has. I firmly believe that if we are
going to accomplish this very serious
task, we must do it with dispatch. It Must
be done in an orderly way, and we must
have a broad subpena power so that we
can get all of the information that we
should consider.
I have voted against every one of the
amendments which proposed to limit or
restrict the subpena power when this was
before the committee, because I think
that those items only give us more room
in which to disagree, and this, I think,
slows up our process. This, of course, is
not what we want to do.
gentleman yield? Seco
and I believe, as the ranking Republican
Member said, -that the subpena power
should be used only as a, last resort, and
we should try first to get all of the in-
formation voluntarily. I hope that we
can do that.
As a Member on this side, I will urge
both the White House and Mr. Jawor-
ski's. staff to turn over everything that
they have so that this committee will
have a right, with dispatch, to look over
everything that it should. I think this is
the right way to do it.
. In support of what my minority leader
said as well as the ranking Republican
on this side, -I urge everybody to support
the previous question with a unanimous
vote.
Mr. RODIN?. Mr. Speaker, I yield 1
minute for the purpose of debate only to
tioilman rvom Cithforaia utir
(Mr. WALDIE asked and was given
permission to revise and extend his re-
marks.)
- Mr. WALDIE, Mr. Speaker, the power
of subpena sought by the Connnittee on
the ? Judiciary rightfully will authorise
the appearance of the President before
the committee, under compulsion if nec-
essary. During his tenure in office there
is no other forum in existence that can
compel his attendance. It is hoped that
the President will voluntarily submit
himsef to an appearance under oath and
be subject to cross examinhtion It is
Only through such an appearance that
the President can be required to disclose
that which he has so far refused to dis-
close. It is only through such an ap-
pearance that the American people can
learn the full extent of the involvement
of the President in the web of criminal
activity, deceit, and abuse of our Con-
stitution - that has surrounded his con-
duct of the Presidency. Powev-er his ap-
pearance is obtained, voluntarily or by
compulsion, it is essential that it occur.
Mr. RODIN?. Mr. Speaker, I yield 3
minutes, for the purpose of debate only
to the gentleman from Illinois (Mr.
RAILSBACK). ?
(Mr. RAILSBACK asked and was given
permission to revise and extend his re-
marks.)
Mr. RAILSBACK. Mr. Speaker, I want
to thank the chairman of the committee
for yielding to me.
I rise in support of an aye vote on the
Previous question.
I want to associate my remarks with
those of my minority leader.
Mr. Speaker, we fought a procedural
battle M the committee, and we lost it. .
The amendments that were offered and
which I supported I really think are not
particularly essential. Time after time
the chairman of the committee has made
the point that we are going to try to fin-.
ish by April 30. I think he began by say-
ing April 1, but now he has indicated we
can finish by April 30. I think -the Ameri-
can people are going to be watching us,
and I would say that if we exceed the
April. 30 deadline the American people
are then going to be in a position to de-
vJ.Uiei? t r aa, been political
s. I haf lE9160 AfillieRe Ift*rtS1 , e:v stalling. So I
man from Illinois. way by which we can do this job quickly, am not too worried about that. ?
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.rcbruarg 6, /974 CONGRESSIONAL RECORD ?JIOUSE ii 533
Mr. Speaker, I appreciate 'what the
chairman has said about, trying to finish
by April 30, and I hope we can finish
by that time. As far as Congressman
WIGG1N5' amend.ment is concerned,
which would have to do with giving the
ranking in nmember an absolute
subperia power, I just want to recount
for you the history of that.
Chairman Romuo at the first meeting
came before the House Committee on
the Judiciary and ' asked for one-man -
subpcna power. He did it on a 'temporary
basis. We resented that on the minority
side of the committee. We split by a
21 to 17 vote in the committee. We were
opposed to giving him one-man subpena
power. Now when he is requesting per-
manent subpena power for the House
Committee on the Judiciary, in my opin-
ion, he has been reasonable; he has ac-
commodated us, What he has done is
to say that this power will go to the
House Committee on the judiciary,
which is where it would normally vest.
It can be exercised by action of the
chairman and the ranking Republican
Member jointly. If one' or the other
should not agree, then it could go back
to the full committee and they could
override or decide exactly how that par-
ticular subpena will be exercised.
know of no case In the history of any
legielative body myself where one man,
one legislator, has been. given uncon-
trolled and unrestricted subpena power.
I vnuld not perhaps in this case mind
giving it to the ranking Republican
member. Frankly, I am reluctant to give
anybody that power. We would not just
be giving it to one or the other here but,
rather, to both, I am, not sure it would
be a good idea for us to give up that kind
of responsibility. I might not want to
give it te Chairman RODIN() and maybe
ennui of the Democrats do not want to
give it, to the ranking Republican.
1.1r. Speaker, today the House of Rep-
resentatives can take a step forward, or
ft EteP backward. It can approve House
Resolution 803, or it can become encum-
bered in partisan polemics. As Et mem-
ber of the Judiciary Committee, I en-
courage my colleagues to take that step
forward, by supporting passage of this
"resolution; a resolution granting the
specitic authorilties necessary for our
committee to conduct a thorough im-
peachment inquiry. urge this support
ler 'the following reasons:
First, with the adoption of House Rem-
lotion 803 we .move closer to achieving
it responsible answer to the numerous
allegations, questions, and doubts which
encompass the Presidency. Our staff has
d-tlificntly proceeded in this effort, but it
Is unlikely that they can continue fur-
ther without the authorities outlined in
this resolution. It is our constitutional
responsibility to inquire into the exist-
ence or nonexistence of impeachable of-
fenses and delaying of the passage of this
tronsier of authority would delay the
inquiry. By delaying the inquiry, we pro- One of the amendments which one
lone the crisis in public confidence which Member would like to offer if the provi-
nce:tails in this country and we further ens question is voted down deals with
irritate an already serious situation. the words "necessary" and th "relevant";
' expressed o coopera e rd it, . p .300144, -
_ . CM:: C ? ?
Is essential' that subperia, authority is
available for our use if needed. I am
hopeful that the President and our com-
mittee on arrange informally for the
transfer of needed evidence and informa-
tion, but if this is not possible we must
precede with the issuance of appropriate
subpenas at once. Article I, section 2 of
the Constitution vests sole power for im-
peachment in the House of Representa-
tives and our committee should be pre-
pared to exercise this power, as an exten-
sion of the House, if unexpected conflicts
arise.
.- Finally, and most importantly, House
Resolution 803, although not a flawless
document, represents a legitimate com-
promise designed to insure a bipartisan
approach to the judiciary Committee's
inquiry. With or without amendments,
this resolution is worthy of my colleagues'
approval. It does not grant, as some
might suggest, excessive authorities to
the Judiciary Committee, and that au-
thority granted is shared, at least to
some extent, with the minority.
In conclusion, therefore, I again urge
adoption of House Resolution 803 in an
effort to take. that step forward. For
those who fear misuse of the authorities
granted by this resolution, suggest that
In the final analysis, the best safeguard m
for a bipartisan impeaehent inquiry
conducted fairly and expeditiously will
not be the wording of this resolution, or
any resolution, but public interest in, and
the demand for responsible, nonpartisan
action.
Mr. RODIN?, Mr. Speaker, I yield, for
the purpose of debate only, 2 minutes
to the gentlewoman from Texas (Miss
JORDAN),
(Miss JORDAN asked and was given
permission to revise and extend her
remarks.) --
Miss JORDAN. Mr. Speaker, :1 thank
the" elialeman of the House Committee
on the Judiciary for yielding these. 2
minutes to me.
The words "fairly," "reasonably," "ex-
peditiously," "quickly," "now," and "im-
mediately"--how many times have we
heard them during. this debate?' Those
wards are important in terms of how
quickly we proceed to our business, but
let us understand that the work product two amendments which may never see
of the House Committee on the Judiciary the light of day bere. I.M(.11SE they will
and this House of Representatives must Probably require two rejeetions of the
not suffer in favor of "quickly," "ex- Pi:000M Question, in the situation in
peditiously," "reasonably," and "fairly." which we find ourselves, but I consider
We want to do all of those things. We his amendments exceediwny important.
also are defining impeachable offenses One of them is simply to insett that
and whether impeachable offenses have-we can subpena for such materials as
been committed with regard to . this the committee deems necessary and rele-
President. And what we are doing will vent to our investigation. or which we
have to stand as a precedent for Mi. think could lead to relevant material.
peachment proceedings 100 or more That is the general rule of law. That
years from now. is the rule in the U
.S. courts. What is
Let us understnd.
aat the House wrong with being relevant, particularly
Committee on the Judiciary needs the if the committee decides it, which it
authority to proceed to get the &ell- would do even under the proposed
meats which are necessary for its in- amendment? if we do not want to be
quiry. relevant, it means we want to go fishing.
It is just that plain.
- The other amendment is simply to
give equal subpena power to the ma-
jority and the minority. It says in this'
4
Second, while encouimirle6s :161ttR4 40/510444 4.ddligegasfebboiltkOikiAc p
not -Proceed to procure any data or in-
formation by subpena or otherwise which
Is not necessary to the impeachment in-
quiry. If it is irrelevant we throw it out.
Our concern is that our (Terse of action
proceed in a proper manner, and produce
that evidence which is necessary to a
final determination of whether a resoliu-
tion of impeachment shall lie. It should
not be impeded or inhibited by the sim-
ple word "relevant."
Have faith in the chairman of this
committee. Have faith in the members
of this committee. It is not impossible
for us to proceed with the business of
this country and also proceed. with our
congressional responsibility under the
Constitution as to the impeachment in-
quiry?we can do both.
Mr. RODIN?. Mr. Speaker, I yield, for
the purpose of debate only, 5 minutes to
the gentleman from Indiana (Mr.
DENNIS).
(Mr. DENNIS' asked and was given
permission to revise and extend his
remarks.)
Mr. DENNIS. Mr. Speaker, I wish to
thank the chairman of the committee for
yielding to me.
Mr. Speaker, I am supporting this reso-
lution regardless of how our vote goes
'on-the previous question, because I sup-
port the inquiry, and in order to have an
inquiry the subpona power is obviously
essential
Nevertheless, I would suppoit it much
more happily if we could have a resolu-
tion where the exercise of the .subpena
power, by the terms of the reeolu n
tio,
was required, by the resolution, to be
fair. And because in my judgment we do
not have that kind of a restitution I shall
reluctantly vote against the previous
question as. under time porliamentary
situation., it gives us the only opportunity
to amend this resolution.
The chairman has said, quoting Ed.-
muni Burke, that 'we are in a position
to. he exceedingly useful to our country
and to do honor to ourselves, and I agree,
but in order te do this we have to proceed
under rules which will assure the fair-
ness of the inquiry.
-My colleague, -the gentleman from
California (Mr, Wrecuts) Tons suge,ested
Nixon s intent
with the Judiciary Committee, I feel it . Understand th.at this committee will by the oiminnon and tile making minority
Approved For Release 2001/08/29 CIA-RDP75600380R000500330003-2
H 534 CONGRESSIONAL RECORD ? HOUSE February 6, 1974
member acting jointly, or, if either de- only as a last resort to obtain needed
clines to act, by the other acting alone. . . . evidence.
That is where we want to stop?and Unfortunately, the past performance
we should go on? ? . of White Home cooperation in this area
has failed to inspire confidence. I believe
. . . or by the committee acting as a
whole, ... it would be hazardous and would risk
further delay in resolving the impeach-
But the -resolution says that if either ment question if the Judiciary Commit-
refuses to act jointly, the other can take tee were to proceed with the inquiry with-
it to the committee and have them decide out a vote today reaffirming the House's
the question. ? ? dedication to a thorough investigation.
The committee is controlled by the We are not asking for a fishing license,
majority. They are going to uphold the only for the authority necessary to
chairman, not the ranking member. Re- search out all the facts, those that can
member, Mr. Speaker, this will not arise exonerate as well as those that may im-
except in delicate, unusual situations. plicate.
The chairman and the ranking member This resolution is most significant. By
will agree 90 percent of the time. But approving it, we will assure that the
suppose, for example, as a possibility, House can exercise its constitutional au-
that we get into the question of whether thority and prerogative without unneces-
this administration has done anything sary delay.
different from past administrations, and Mr. RODIN?. Mr. Speaker, I yield, for
we want to call?I am not saying whom the purpose of debate only, 1 minute to
we would want to call; I am just pick- the gentleman from Ohio (Mr. DEVINE) .
ing names out of the clouds?HusEaT (Mr. DEVINE asked and was given
HUMPHREY or Bobby Baker, or somebody permission to revise and extend his
else, what is the majority of this corn- remarks.)
mittee going to do? In practice we will Mr. DEVINE. Mr. Speaker, as the
not have that opportunity, gentleman from Iowa said, the President
All we are saying is that gentlemen suggested that 1 year of Watergate is
ought to be relevant; they ought to be enough. If I read my mail accurately, the
even-handed; they ought to be fair. If people across -America would like to have.
they do not want to be, if they want to us get on with this business one way or
vote against relevance, if they want to another?put up or shut up: I have
vote against equality, they ought to give enough faith in the chairman of the
us a better reason than simply majority Committee on the Judiciary, Mr. RODIN?,
rule, to take his word for it. He suggested that
All we want to do is to amend this res- he would like to conclude this by April 30.
olution, in order to put in the two And he has told members of the mass
amendments of my friend, the gentle- media?and there are more than 70 of
man from California. I would like to them here today, and I suppose they will
hear anybody give us one good reason find 70 ways to relate this vote to a drive
why that should not be done. Even my on impeachment one way or the other;
liberal friend, the gentleman from Mas- but it is not. I have faith in the gentle-
sachusetts agrees it ought to be done. Let man's word when he says he wants to
us be fair. Let us pass a decent resolu- bring this to a conclusion April 30, so I
Lion. Let us remember we are drawing will vote for the previous question favor-
the ground rules from here on, and those ably. We have all of February and all of
ground rules ought to be just. March and all of April and that is time
The SPEAKER. The time of the gen- enough to bring it to a conclusion.
Liman has expired. Mr. RODIN?. I yield 1 minute, for the
Mr. RODIN?. Mr. Speaker, I yield for purpose of debate only, to the gentle-
the purpose of debate only, 1 minute to woman from New York (Ms. Hoaramaii) .
the gentleman from Iowa (Mr. MEzynt- Ms. 3EIOLTZMAN. Mr. Speaker, I
arry) . thank the chairman, the gentleman from
(Mr. MEZVINSKY asked and was New Jersey, for yielding to me.
given permission to revise and extend his I would like to echo my support for
remarks.) the Judiciary Committee's resolution and
Mr. MEZVINSKY. Mr. Speaker, I rise state that I will support the previous
today in support of the resolution before question.
the House and call on my colleagues to What we do on the House Judiciary
give it overwhelming approval. Committee will stand for all time and I
A week ago today, the President met think every member of this committee
with us in this Chamber and wrapped up understands the seriousness of what we
the state of the Union address by declar- are doing'. We will act judiciously but
ing that "1 year of Watergate is enough." quickly. We will bring to the country
I think we all share that feeling and and to the House reconunendations
for that reason desire that the Judiciary which will stand up not only now but
Conunittee's inquiry be conducted with also for all time.
all deliberate speed. If we accept the amendments some of
The resolution before us, providing my Republican friends will wish to offer,
specific subpena power for the impeach- they will not only hamstring this investi- Mr. RODIN?. At this time the chair-
ment inquiry, is designed to expedite our gation but will also infringe on the prec- man would not answer that question
investigation. We are all hopeful that use edents established previously with re_ except to say that if it becomes neces-
of the subpena authority will not be nec- spect to subpena powers in an impeach- sary to complete this inquiry ? and to
essary. The President has pledged co- ment inquiry. So, I urge that we follow assure a fair and responsible Judgment
opera
tion with the committee, and we the historical precedents, accent our in the matter, only then would that be-
will most certainly seaipptiovedifronfReleasen204411186BiboCIAiRER715BOLI380R000500330003-2
of that cooperation and use the subpena resolution of the Judiciary Committee. Mr. WYMAN. The gentleman from
Mr. MAYNE. Mr. Speaker, will the
gentleman. yield?
Mr. RODIN?. I yield to the gentleman
from Iowa 1 minute for the purpose of
debate only.
Mr. MAYNE,. Mr. Speaker, I thank the
gentleman from New Jersey for yielding.
Mr. Speaker, the people of this country
want this matter expedited and it
certainly has not been sufficiently expe-
dited up to the present time. This has
been a matter of great concern to some
of us in the minority that the Judiciary
Committee has proceeded at such a lei-
surely pace since the impeachment in-
quiry was first referred to us October 25,
1973. There has been only one full meet- ?
ing of the committee to discuss this mat-
ter and to take any action, although it
was referred to us 31/2 months ago, and
the chairman called that one meeting
only last week.
- We the Minority members of the com-
mittee have tried to encourage the chair-
man to move more promptly. The chair-
man has told us he will do everything
possible to expedite the conclusion of
this by April 30, and has again given
that assurance to the Nation on the floor
of this chamber today. I would personally
believe that our committee should be able
to complete its work and make a final
report to the House earlier than April 30.
But in the interests of avoiding partisan-
ship, I will support him in that endeavor
rather than get into a partisan squabble.
That is the last thing we on the Repub-
lican side would want or the American
people would want. It seems to me the
American people are entitled to much
better than that. They are entitled to
have all relevant evidence made avail-
able to the committee promptly and to
prompt consideration and action by the
committee. I am willing to go along with
the chairman's assurances of prompt ac-
tion and to vote for the previous ques-
tion to facilitate such action.
But I will say to the chairman that
if he does not proceed as expeditiously
as he has assured us ho will and if it
should become apparent there is an un-
willingness on his part or that of the
committee's to proceed expeditiously,
then it is going to be our duty as mem-
bers of the minority to bring this matter
very forcibly to attention of the Mem-
bers of this House and to the American
people who are clearly demanding that
this be handled as expeditiouSly as
possible.
Mr. WYMAN. Mr. Speaker, will the
gentleman yield?
Mr. RODIN?. I yield ler the purpose
of debate only to the gentleman from
New Hampshire (Mr. WYMAN).
Mr. WYMAN. Mr. Speaker, does the
gentleman intend to call the President
of the United States?
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brUary 6, .1974
CONGRESSIONAL RECORD?HOUSE
Now Hampshire hopes it will not become
necessary.
itTe. RODINO. And, so does the gentle-
u an from New Jersey,
liAr. MESTER. Mr. Speaker, I rise in
support of House Reaolution 803, judi-
c cvy Committee subpena power.
This resolution is essential if the Judi-
ciary Committee is to accomplish its
mandate fully to investigate whether
grounds exist for -impeachment.
Under its provisions, the committee
can call witnesses and gain access ? In-
formation and material. relevant to the
impeachment inquiry. The ,chairman
and ranking minority member acting
1.0gether would he able to exercise this
power or, if one declines to act, the other
could take the question to the full com-
mittee for a decision. .
The. .American people want the ques-
tion of Watergate and impeachment re-
solved quickly and fairly. Public atten-
tion is focused on the House, and the
Nation is looking to the Judiciary Com-
mittee and the entire House for leader-
ship making a decision on this most
crucial issue.
'lite resolution as reported out of coln-
mittee came on a unanimous vote Which
underscores., I believe, a confidence and
hope that the majority and minority can
effectively work together on this Matter.
It is essential for the validity and via-
bility of the decisionmaking process of
the judiciary Committee and the deci-
sions which emerge- from it that the
committee approaches its responsibility
with objectiAty, thoroughness and fair-
ness.
The resolution before us today . will
help enable the conunittee to discharge
its obligations in a spirit of bipartisan-
ship that seeks only to discover the truth
for the good a .the country-.--not parti-
san advantage for the benefit of either
political party. This bipartisan spirit
must exist and must be apparent in the
recommendations of the judiciary Com-
mittee. If not, a critical ingredient for
public acceptability of its decisions will
be loot.
FriII subpena authority is indispensable
if we expect the Judiciary Committee to
do its job, - and I urge my colleagues to
summit this resolution. -
Mr. ANDERSON of Illinois, Mr.
Speaker, I rise in support of House Res-
olution 803 as reported from the judi-
ciary Committee. This resolution 0111-
bully the Judiciary Corinna-
. hi s to Hilly investigatp whether sufficient
;mounds exist to impeach the President,
and it further grants to that committee
the power to require by subpena or other-
whe the appearance of witnesses and the
production of things deemed necessary
to itiat investigation. ?
fifr. Speaker, there can be no question
that the House of Representatives plays
a very unique and preeminent role in the
inipeachment; process and that it must
hove absolute access to all information
wilich is necessary to its investigation. It
was President, Jam.es K. Polk who once.
'cid, StiLl I quote:
jf. the House of Representatives is the
iranci inquest of the NalAucapirowediFor
plly time lone reason to. bel eve that there
feri been maiversatton in office and should
think proper to institute an inve.3tigation
into tbe matter, all the archives, public Or
private, would be. subject to the inspection
and control of a committee of their boay and
every facility in the power of the Executive
afforded them to prosecute the Investigation.
Mr. Speaker, I wish to associate my-
self with President Polk's remarks, and
with similar statements made by the
members of our Judiciary Committee, 01).
both sides of the aisle. I have long held
that the so-called doctrine of executive
privilege cannot be invoked with respect
to a congressional investigation into al-
leged wrongdoing?a position which
Deputy Assistant Attorney General Mary
Lawton testified last April -has been the
-traditional view of the doctrine of execu-
tive privilege." There is no doubt in my
mind that this ,concept takes on extra
weight and validity in the face of an im-
peachment proceeding, given our unde-
niable constitutional role.
In the brief time remaining, Mr.
Speaker, I would like to addresS myself
to what must be our overriding concern,
and that is the need to approach these
proceedings in a responsible and non-
partisan manner. Alexander Hamilton,
writing in Federalist No. 65, warned that
an impeachment proceeding will seldom
fail to agitate and divide the conummitY,
often along the lines of pre-existing fac-
tions, and will, in his words, "enlist all
their animosities, partialities, influence
and interest on one side or the other."
He went on to say, and I quote:
In such cases there will always be the
greatest danger that the decision will be reg-
ulated more by the comparative- strength of
the parties than by the real demonstrations
of Innocence or guilt.
Mr. Speaker, while it is the Semite,.
and not the House, which must ulti-
mately decide the question of innocence
or guilt in an impeachment proceeding,
the dangers of a partisan breakdown a?re
just as real in our own deliberations and
the cOnsequences just as ominous. I think
the members of our Judiciary Committee
are aware of the special responsibility
which has been placed upon them, and
the special need to avoid a partisan
breakdown.
The resolution which is before us today
has been carefully designed with this in
mind. I appreciate the fact that there are
some members of that committee from
this 'side of the aisle who think this reso-
lution can and should be amended to
insure that the inquiry is expedited, that
the subpena authority is carefully pro-
seribedeIind that the rights of the mi-
nority are protected. Let me say at the
outset that I am in agreement with all
of these goals. But after giving this mat-
ter very careful study, I have decided -
not to-vote for any, amendments to this
resolution,, as well-conceived and in-
tentioned as they may be.
First, with respect; to the amendment
to impose an April 30 deadline for the '
final report and recommendations, let
me say that it Is my hope that the com-
mittee will be able to meet this generally
agreed upon target date. We have been
time, we cannot pow predict who t factors
ma-y intervene to prevent the eompletien
of a thorough investigation by a date
certain. I would hope that the committee
will receive the full cooperiiiion pledged
by the President and that we will not be
delayed by protracted- laical Lion in the
courts over the committee's right tuc
subpena evidence. Our primary obliga-
ton nmst be to .a fair and thorough in-
vestigation, and not to some arbitrary
cutoff date which may jeopardize either
fairness or thoroughness.
Second, an amendment is proposed to
eliminate the provision for appeal to the
full committee in the event that the
chairman and ranking minority member
do not agree on the issuance of a -particu-
lar subpena,. Instead, in the case of such
a disagreement, either the chairmen or
ranking minority member, acting alone,
could issue the subpena. I appreciate the
fact that this amendment is being offered
to protect the rights of the minority, But
I would also warn that this same aniend-
merit would, enable the chairman, with-
out the consent of the ranking minority
member or the full committee, to issue
whatever subpena he deems necessary to
the committee investigation. Here, Mr.
Speaker, is Where I think we run the real
risk of a partisan breakdown, the risk of
abuse of the subpena power, and the risk
of delays in the courts.
I think the present provision in the
committee resolution is an ingenious
compromis-e which will insure both that
the subpena power is not abused and.
that nonpartisanship is maintained,
knoW that some will argue that, given
the political makeup of tile committee,
the chairman will always have the,vot
to get the subpena he wants when ho and
the ranking minority member are in dis-
agreement; and conversely,- - that the
ranking minority member will not have
the votes for a sublime, he wants in the
event of disagreement. I do net subscribe
to this theory for one very simple ma Son
if the chairman Is making a very un-
reasonable request and the ranking
minority member does not agree to it,
when this is appealed to the full com-
mittee it Is more likely to judge the issue
Cc-fl.its merits than along partisan lines.
The public focus will be on this distin-
guished group of 3'7 lawyers, and the
pectation, will be that they will make 8
judicious and not a partisan decision. In
my opinion, the committee will not risk a
partisan breakdown over an excessively
unreasonable and blatantly abusive sub-
pena. request. In short, under the com-
mittee resolution, the committee appeal
provision serves as an effective check and
restraining influence on both the chair-
man and ranking minority member from
abusing the subpena power. Under tile
proposed amendment, on the other hand,
there is no such check or restraint and
the potential for abuse and partisanship
is only enhanced.
By the same token, I do net -think ft.
reasonable subpena request by the rank-
ing minority member- would lie refused
promised a full, fair, andexpeditious in- by the full committee, for agaM it would
ftheastd2004/08129r:101AeRDPI5B00380R000500330000t2e coDuni ti'ee
prolonged, we will run the very real risk to maintain a framework of fairness and
of a partisan breakdown. At the same nonpartisanship. A denial of a reason-
Approved For Release 2001/08/29 : CIA-RDP75600380R000500330003-2
U. 536 CONGRESSIONAL RECORD?HOUSE February 6, 1974,
able request would only accelerate a par- Mr. BADILLO. Mr. Speaker, passage according to his own lights. ? We need
tisan breakdown and doom the delibera- of the resolution before us is essential to only refer to the conduct of an illegal
lion of the committee. enable the Judiciary Committee to get war in Cambodia, the more than 30 court
Finally, a third amendment is being on with its job as rapidly as possible, decisions overruling White House inn-
proposed to more carefully define what - Issues of paramount importance to the poundment of I und4 appropriated by
types of materials may be subpenaed, As Nation are awaiting our action?educa- Congress, the dismantling of duly consti-
the resolution now stands, the commit- tion, energy, health insurance, welfare tilted Government programs and agen-
tee may subpena whatever materials "it reform, minimum wage, and a host of cies 'without statutory authority, the use
deems necessary to its investigation." urban problems?and I believe that we of tainted Government evidence to bring
The proposed amendment would read, must expedite the impeachment investi- conspiracy indictments against lawful
"as it deems necessary and relevant to gation in order to deal with the issues of dissenters, invocation of executive privi-
its investigation or which it deems rea- moment before us. lege as an excuse to withhold evidence of
sonably calculated to lead to the discov- The economy is deteriorating fast, with criminal behavior, and on and on,
cry of necessary and relevant evidence." the highest rate of inflation in a quarter Mr. Speaker, the record makes it clear
It is argued that this amendment is of a century, unemployment increasing, that not one scintilla of evidence has
needed to insure against fishing expedi- and food and fuel prices continuing to been surrendered voluntarily by the
tions and other abuses of the subpena rise in the midst of shortages. The hous- White House to the Special Prosecutor,
power, and that this language is in con- ing industry is in a depression with in- the Senate Watergate Committee, or the
formity with the Federal Rules of Civil adequate new starts at a time when more courts. We have witnessed an undeviat-
Procedure.than 13 million families are living in ing pattern of White House intransi-
I certainly am in agreement with the households that are unsound, overcrowd- gence, delaying tactics, evasive rhetoric,
need for the committee to confine its ed, or too expensive. The energy crisis blurring of the facts, and now at last the
subpenas to matters which are relevant is slowing the wheels of industry, dis- destruction of evidence within the pre-
and necessary to its investigation. Yet, rupting the transport of goods, and cre-1 cincts of the Oval Office itself, an event
while it is claimed that it is not intended sting hardships in the form of job losses whose implications were not lost on the
that the question of "relevancy" be sub- and rising prices for scarce commodities. American people.
nutted to a court for final resolution, I In the face of all these problems, an The presidency, Mr. Speaker, is not the
wonder if that's just not what we are erosion of public confidence in Govern- fount of all authority and power in this
inviting by adopting the language of the ment has struck a kind of paralysis in country. Nor is it an office whose holder
Federal Rules of Civil Procedure. For the normal functioning of the executive is entitled to flout existing law or create -
under those rules, showing must be made branch and to sonic degree in the Con- new law by flat or executive order.
to the court that the materials sought gress. When the people cease to credit Rather, at its best the Presidency can
are either relevant to the case or are the statements of those they have elected embody the hopes and ideals of the
likely to lead to something relevant. .I to represent and lead them, Mr. Speaker, People. Its keystones are integrity, re-
would submit that if we lock ourselves not only are our energies diverted from sponsibility, and accountability. The
. iu to the strict language of court rules, the tasks before us but the very fabric of Presidency must epitomize the rule of
we may well find ourselves locked up in our society is threatened. Without the law that gives continuity and vitality to
protracted court battles over the issues bond of trust and belief that cement both our constitutional guarantees of liberty,
of relevancy. our interpersonal dealings and the rela- justice, and equality. The President is
Again, I would maintain that the best tions between citizens and institutions, not a privileged citizen; he must be the
check against an abuse of the subpena we will suffer fundamental?and unde- model citizen.
power is the provision for appeal to the sirable?changes in the political system Mr. Speaker, the Presidency is not
full committee if a question arises as to that has served Us so well for nearly 200 under attack as some would have us be-
whether the material sought by a par- Years. here. It is rather the conduct of that
ticular subpena is really necessary to the The impeachment investigation must office within a specific time frame that
investigation. And I would further sub- proceed, Mr. Speaker, in order that we we are undertaking to examine on behalf
mit that there is less likelihood that a may get on with the proper business of of the American people. That the Presi-
eubpena will be challenged if it has been government, with public understanding dewy is held in low repute today is not
supported by a broad bipartisan vote in and support. The cooperation of the the fault of the Congress, the press, or
the committee. American people in implementing I./ohm- the public. The simple truth is that what
- On a final note, Mr. Speaker, I would tary energy-saving actions is evidence of loss of public trust there has been in the
like to direct a question to the chair- the reservoir of good faith from which Presidency is the result of activities en-
man of the Judiciary Committee. On we may draw. But at the same time, gaged in on behalf of, in the name of,
page 3 of the committee report it is signs of erosion of this faith surface in and through the authority delegated by
noted that not only may the chairman expressions of suspicion that the energy the incumbent of that high office.
and ranking minority member jointly is- crisis is at least in part contrived, or in If America is to survive this political
sue subpenas, but that, and I quote: Publicly stated doubts over the need for crisis with self-confidence and pride and
In the alternative, the committee possesses a worldwide alert of U.S. forces during faith restored, our duty is clear. It is up
the independent authority to authorize sub-
the recent Mideast war. to us to accept the responsibility that
penes and other process, should it be felt These are portents, Mr. Speaker, that history has thrust upon us. Impeach-
that action of the whole committee is pref.- we in public office must heed and do ment is the constitutional remedy and