[Congressional Record Volume 141, Number 204 (Tuesday, December 19, 1995)]
[Senate]
[Pages S18920-S18921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE RESOLUTION 199--ORIGINAL RESOLUTION REPORTED DIRECTING THE 
                          SENATE LEGAL COUNSEL

  Mr. D'AMATO, from the Special Committee To Investigate Whitewater 
Development Corporation and Related Matters, reported the following 
original resolution:

                              S. Res. 199

       Whereas the Special Committee To Investigate Whitewater 
     Development Corporation and Related Matters (``the Special 
     Committee'') is currently conducting an investigation and 
     public hearing 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;
     
[[Page S18921]]

       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, 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;
       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 subpoena and order to William 
     H. Kennedy, III, and the Senate Legal Counsel shall conduct 
     all related civil contempt proceedings.

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