[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 199 Agreed to Senate (ATS)]

  1st Session
S. RES. 199

 Directing the Senate Legal Counsel to bring a civil action to enforce 
subpoenas and orders of the Special Committee to Investigate Whitewater 
Development Corporation and Related Matters to William H. Kennedy, III.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 1995

   Mr. D'Amato, from the Special Committee to Investigate Whitewater 
  Development Corporation and Related Matters, reported the following 
         original resolution; which was placed on the calendar

                           December 20, 1995

                   Considered, amended, and agreed to

_______________________________________________________________________

                               RESOLUTION


 
 Directing the Senate Legal Counsel to bring a civil action to enforce 
subpoenas and orders of the Special Committee to Investigate Whitewater 
Development Corporation and Related Matters to William H. Kennedy, III.

Whereas the Special Committee to Investigate Whitewater Development Corporation 
        and Related Matters (``the special committee'') is currently conducting 
        an investigation and public hearings pursuant to Senate Resolution 120, 
        section 5(b)(1) of which authorizes the special committee to issue 
        subpoenas for the production of documents;
Whereas on December 8, 1995, the special committee authorized the issuance of a 
        subpoena duces tecum to William H. Kennedy, III, directing him to 
        produce certain documents to the special committee by 5:00 p.m. on 
        December 12, 1995;
Whereas on December 12, 1995, the Special Counsel to the President, on behalf of 
        the White House, and personal counsel for the President and Mrs. 
        Clinton, submitted to the special committee legal objections to the 
        compelled production of documents under the special committee's 
        subpoena;
Whereas on December 12, 1995, counsel for Mr. Kennedy notified the special 
        committee that, based upon the instructions of the White House Counsel's 
        Office and personal counsel for President and Mrs. Clinton, Mr. Kennedy 
        would not comply with the subpoena;
Whereas, having considered the legal objections that had been submitted by the 
        White House, personal counsel for President and Mrs. Clinton, and Mr. 
        Kennedy, on December 14, 1995, the special committee overruled those 
        objections in their entirety and ordered and directed that Mr. Kennedy 
        comply with the special committee's subpoena by 9:00 a.m. on December 
        15, 1995;
Whereas Mr. Kennedy has refused to comply with the special committee's subpoena 
        as ordered and directed by the special committee;
Whereas on December 15, 1995, the special committee authorized the issuance of a 
        second subpoena duces tecum to William H. Kennedy, III, directing him to 
        produce the identical documents to the special committee by 12:00 p.m. 
        on December 18, 1995;
Whereas on December 18, 1995, counsel for Mr. Kennedy notified the special 
        committee that, based upon the instructions of the White House Counsel's 
        Office and personal counsel for President and Mrs. Clinton, Mr. Kennedy 
        would not comply with the second subpoena;
Whereas, on December 18, 1995, the chairman of the special committee announced 
        that he was overruling the legal objections to the second subpoena for 
        the same reasons as for the first subpoena, and ordered and directed 
        that Mr. Kennedy comply with the second subpoena by 3:00 p.m. on 
        December 18, 1995;
Whereas Mr. Kennedy has refused to comply with the special committee's second 
        subpoena as ordered and directed by the chairman;
Whereas, pursuant to the authority of section 5(b) of Senate Resolution 120, 
        including the reporting provisions of section 5(b)(10), the special 
        committee is authorized to report to the Senate recommendations for 
        civil enforcement with respect to the willful failure or refusal of any 
        person to produce before the special committee any document or other 
        material in compliance with any subpoena or order; and
Whereas under sections 703(b) and 705 of the Ethics in Government Act of 1978, 
        title 2, United States Code, sections 288b(b) and 288d, the Senate Legal 
        Counsel shall bring a civil action under title 28, United States Code, 
        section 1365 to enforce a subpoena or order of a Senate committee when 
        directed to do so by a resolution of the Senate: Now, therefore, be it
    Resolved, That the Senate Legal Counsel shall bring a civil action 
in the name of the Special Committee to Investigate Whitewater 
Development Corporation and Related Matters to enforce the special 
committee's subpoenas and orders to William H. Kennedy, III, and the 
Senate Legal Counsel shall conduct all related civil contempt 
proceedings.
                                 <all>