[Congressional Record Volume 141, Number 205 (Wednesday, December 20, 1995)]
[Senate]
[Pages S19010-S19011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                     WHITEWATER SUBPOENA RESOLUTION

                                 ______


                   D'AMATO AMENDMENTS NOS. 3101-3103

  Mr. D'AMATO proposed three amendments to the resolution (S. Res. 199) 
directing the Senate Legal Counsel to bring a civil action to enforce a 
subpoena of the Special Committee to Investigate Whitewater Development 
Corporation and Related Matters to William H. Kennedy, III; as follows:

                           Amendment No. 3101

       The first section of the resolution is amended by striking 
     ``subpoena and order'' and inserting ``subpoenas and 
     orders''.
                                                                    ____


                           Amendment No. 3102

       After the sixth Whereas clause in the preamble insert the 
     following:
       ``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;''.
                                                                    ____

       Amend the title so as to read: ``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.''
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[[Page S19011]]


                      SARBANES AMENDMENT NO. 3104

  Mr. SARBANES proposed an amendment to the resolution, Senate 
Resolution 199, supra; as follows:

       Strike all after the resolving clause and insert the 
     following: ``That the Special Committee should, in response 
     to the offer of the White House, exhaust all available 
     avenues of negotiation, cooperation, or other joint activity 
     in order to obtain the notes of former White House Associate 
     Counsel William H. Kennedy, III, taken at the meeting of 
     November 5, 1993. The Special Committee shall make every 
     possible effort to work cooperatively with the White House 
     and other parties to secure the commitment of the Independent 
     Counsel and the House of Representatives not to argue in any 
     forum that the production of the Kennedy notes to the Special 
     Committee constitutes a waiver of attorney-client 
     privilege.''.
       The preamble is amended to read as follows:
       ``Whereas the White House has offered to provide the 
     Special Committee to Investigate Whitewater Development 
     Corporation and Related Matters (`the Special Committee') the 
     notes taken by former Associate White House Counsel William 
     H. Kennedy, III, while attending a November 5, 1993 meeting 
     at the law offices of Williams and Connolly, provided there 
     is not a waiver of the attorney client privilege;
       ``Whereas the White House has made a well-founded 
     assertion, supported by respected legal authorities, that the 
     November 5, 1993 meeting is protected by the attorney-client 
     privilege;
       ``Whereas the attorney-client privilege is a fundamental 
     tenet of our legal system which the Congress has historically 
     respected;
       ``Whereas whenever the Congress and the President fail to 
     resolve a dispute between them and instead submit their 
     disagreement to the courts for resolution, an enormous power 
     is vested in the judicial branch to write rules that will 
     govern the relationship between the elected branches;
       ``Whereas an adverse precedent could be established for the 
     Congress that would make it more difficult for all 
     congressional committees to conduct important oversight and 
     other investigatory functions;
       ``Whereas when a dispute occurs between the Congress and 
     the President, it is the obligation of each to make a 
     principled effort to acknowledge, and if possible to meet, 
     the legitimate needs of the other branch;
       ``Whereas the White House has made such an effort through 
     forthcoming offers to the Special Committee to resolve this 
     dispute; and
       ``Whereas the Special Committee will obtain the requested 
     notes much more promptly through a negotiated resolution of 
     this dispute than a court suit:''.

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