[Congressional Record Volume 140, Number 87 (Friday, July 1, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 1, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                    ON THE INDEPENDENT COUNSEL PANEL

  Mr. FAIRCLOTH. Mr. President, late this afternoon--only minutes 
before 5 o'clock on a Friday afternoon preceding a holiday weekend--
Attorney General Janet Reno petitioned the Independent Counsel Panel of 
the U.S. Court of Appeals to name Robert Fiske as independent counsel 
in the Whitewater affair.
  Earlier in the day I sent a letter by courier to Ms. Reno, asking 
that she not do that. Instead, I asked her to recommend that a truly 
independent counsel be named.
  Mr. President, I ask unanimous consent that that letter be included 
in the Record at this time.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                  U.S. Senate,

                                     Washington, DC, July 1, 1994.
     Hon. Janet Reno,
     Attorney General of the United States, U.S. Department of 
         Justice, Washington, DC.
       Dear Attorney General Reno: As you know, the President 
     yesterday signed into law the reauthorization of the 
     Independent Counsel Act. In signing it, he referred to the 
     act as ``foundation stone for the trust between the 
     government and our citizens.''
       In your attached letter to me of January 11, 1994, in which 
     you outlined your opposition to appointing a special counsel, 
     you wrote that ``Any such counsel appointed by me would not 
     be regarded as truly independent . . .''
       Now that the Independent Counsel Act has been reauthorized, 
     given the appearance of not being truly independent which you 
     referenced, it would be higly improper for you to recommend 
     to the Independent Counsel Panel of the U.S. Court of Appeals 
     that the current special counsel, Robert Fiske, be appointed 
     Independent Counsel.
       The ``Washington Post'' put it well when it said that ``Its 
     purpose is to ensure investigations free from political 
     interference or the appearance of such interference.'' 
     However, you put it best when you told me in your November 4, 
     1993 testimony to the Senate Banking Committee, ``. . . I 
     support that in every way possible to avoid any appearance of 
     conflict . . .''
       Further, in addition to appearances, very real questions 
     about Mr. Fiske's independence have been raised. Prior to 
     your appointment of him as special counsel, Mr. Fiske 
     collaborated on at least one high-level Clinton appointment--
     The Director of the FBI, who is now overseeing criminal 
     investigations involving a number of Clinton Administration 
     officials.
       Mr. Fiske also enjoyed a professional relationship with 
     Bernard Nussbaum former White House Legal Counsel and current 
     subject of the Fiske probe--which included Mr. Nussbaum 
     referring clients to Mr. Fiske, Mr. Nussbaum recommending Mr. 
     Fiske for a job with former Iran/Contra prosecutor Lawrence 
     Walsh, and Mr. Nussbaum and Mr. Fiske being involved on the 
     same side in at least two legal cases.
       Mr. Fiske also collaborated with the President's Lawyer, 
     Robert Bennett, in the defense of Clark Clifford and Robert 
     Altman in the BCCI case. As you know, your Deputy Attorney 
     General, Jamie Gorelick also attempted to get the money to 
     pay Mr. Fiske's and Mr. Bennett's bills from the trustee of 
     First American/BCCI. Further, BCCI has been implicated in 
     various allegations surrounding the Whitewater affair, 
     including allegations concerning possible illegal activities 
     in Mena, Arkansas, and questionable activities surrounding 
     the Arkansas Development Finance Authority.
       I am also told that Mr. Fiske served as legal counsel to 
     the firm which initially sold the land to the Clinton's 
     Whitewater partnership, a possible conflict of interest which 
     many obviously find quite troubling.
       Given both the appearance of lack of independence which you 
     referenced, and the relationship between Mr. Fiske and the 
     Clinton Administration, Mr. Fiske should not be appointed 
     Independent Counsel. While a new, truly independent counsel, 
     might choose to retain Mr. Fiske in some capacity in order to 
     insure continuity, his appointment as Independent Counsel 
     would guarantee that the current cloud of doubt and suspicion 
     hanging over his appointment would remain.
       Therefore, I urge you not to recommend the appointment of 
     Robert Fiske as Independent Counsel, and I urge you to 
     actively encourage the Independent Counsel Panel of the U.S. 
     Court of Appeals to appoint a new, truly independent, counsel 
     that will enjoy the confidence of those who seek truth and 
     justice, regardless of party.
           Sincerely,
                                                  Lauch Faircloth,
                                                      U.S. Senate.

  Mr. FAIRCLOTH. Mr. President, very real questions about Mr. Fiske's 
independence have been raised. Prior to his appointment as special 
counsel, Mr. Fiske collaborated on at least one high-level Clinton 
appointment--the Director of the FBI, who is now overseeing criminal 
investigations involving a number of Clinton administration officials.
  Mr. Fiske also enjoyed a professional relationship with Bernard 
Nussbaum--former White House Legal Counsel and current subject of the 
Fiske probe--which included Mr. Nussbaum referring clients to Mr. 
Fiske. Mr. Nussbaum also recommended Mr. Fiske for a job with former 
Iran/Contra prosecutor Lawrence Walsh, and Mr. Nussbaum and Mr. Fiske 
have been involved on the same side in at least two legal cases.
  Robert Fiske also collaborated with the President's lawyer, Robert 
Bennett, in the defense of Clark Clifford and Robert Altman in the BCCI 
case. Deputy Attorney General Jamie Gorelick also attempted to get the 
money to pay Mr. Fiske's and Mr. Bennett's bills from the trustee of 
First American/BCCI.
  Further, Mr. President, BCCI has been implicated in various 
allegations surrounding the Whitewater affair, including allegations 
concerning possible illegal activities in Mena, AR, and questionable 
activities surrounding the Arkansas Development Finance Authority.
  I am also told that Mr. Fiske served as legal counsel to the firm 
which initially sold the land to the Clinton's Whitewater partnership, 
a possible conflict of interest which many obviously find quite 
troubling.
  Mr. President, given the relationship between Mr. Fiske and the 
Clinton administration, Mr. Fiske should not be appointed independent 
counsel. While a new, truly independent counsel, might choose to retain 
Mr. Fiske in some capacity in order to insure continuity, his 
appointment as independent counsel would guarantee that the current 
cloud of doubt and suspicion hanging over his appointment would remain.
  Therefore, I urge the Independent Counsel Panel of the U.S. Court of 
Appeals to appoint a new, truly independent, counsel that will enjoy 
the confidence of those who seek truth and justice, regardless of 
party.

                          ____________________