[Congressional Record Volume 141, Number 206 (Thursday, December 21, 1995)]
[Senate]
[Page S19060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          SUBPOENA ENFORCEMENT

  Mr. D'AMATO. Mr. President, yesterday, after a full day of debate, 
the Senate voted to authorize Senate legal counsel to go to court to 
enforce the subpoena of the Whitewater Special Committee for the notes 
of William Kennedy. Mr. Kennedy took these notes at a Whitewater 
defense meeting at the offices of Williams and Connolly. This meeting 
was attended by private counsel for the Clintons and four Government 
employees.
  I have today asked the Senate legal counsel to begin the process of 
enforcing the subpoena as quickly as possible. The Senate will ask the 
court to rule on a Senate enforcement action on an expedited basis so 
that we can get a determination in the courts as quickly as possible.
  Now, the Senate legal counsel will file papers with the court on 
Wednesday, December 27. There are a number of things he must do prior 
to that. I have been informed he has attempted to contact counsel for 
Mr. Kennedy, personal counsel for the President and Mrs. Clinton, and 
the White House counsel to discuss a schedule in order to obtain a 
court ruling as fast as possible. That is so that we can have an 
expedited proceeding. I hope they will try to arrange for that.
  As I have said repeatedly, and I want to reiterate, the Senate will 
stop any action to enforce the subpoena as soon as we have Mr. 
Kennedy's notes. Until that time, though, we will continue and take all 
action necessary to enforce the subpoena. So there will be no mistake, 
while I hope we can get these notes without having to go to court, we 
are not going to wait or delay and then have a situation where 
negotiations may break down. I understand they are negotiating--that 
is, ``they'' being White House counsel and the President's counsel--
right now with Members of the House.
  As I said before, I believe that the Senate and the American people 
have a right to all of the facts about Whitewater. If these notes help 
us obtain those, certainly, they should be provided. Again, we are 
going forward, but I say if we get the notes we will stop the 
proceedings. At this time, though, we are attempting to get an 
expedited proceeding. It is our intent to be in court on December 27.
  Mr. President, I thank my colleague for permitting the opportunity 
for bringing that update.
  Mr. SARBANES. Mr. President, will the Senator yield for a moment?
  Mr. D'AMATO. Certainly.
  Mr. SARBANES. Is the Senator now going to address the securities 
bill?
  Mr. D'AMATO. Yes. I asked I might be permitted to proceed in morning 
business for no more than 5 minutes, just for the purposes of that 
update. That was the only thing I asked. But I was now going to address 
the securities reform litigation.
  Mr. SARBANES. I would like to address the issue the Senator 
addressed. I can defer until he finishes the securities matter?
  Mr. D'AMATO. No, I yield to my friend, certainly. I think it would be 
appropriate, if he wants to do that, to yield to him now for purposes 
of making his remarks at this time.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. SARBANES. Mr. President, I appreciate the Senator from New York 
yielding.
  I think the report that was just brought to the floor underscores 
what I thought was the wisdom and the reasonableness of the amendment 
that was offered yesterday and the suggestion that we ought to try to 
resolve this matter without moving to a confrontation. I listened 
carefully to my colleague. As I think he said, he intends to be in 
court on the 26th----
  Mr. D'AMATO. The 27th.
  Mr. SARBANES. That is, I think, where the majority has intended to be 
all along. We have consistently suggested if we would draw back here 
and try to resolve this matter, it could be worked out without a court 
test.
  The assertion is made that by going to court, they will speed the 
process up. In fact, they will slow it down. That is very clear. Even 
under expedited procedures, it is going to take a fair amount of time 
to carry this matter through. So, if you want to get a quick resolution 
of it, obviously the way to do it would have been to follow the path 
that we outlined yesterday with respect to the furnishing of the notes 
and to try to have worked in obtaining from the House an agreement or 
understanding with the White House that would make it possible for them 
to do so.
  They have offered to do it. They have obviously come forward in an 
effort to try to do it.
  This push to the courtroom, I think, is simply to create, as it were, 
a public issue and a confrontation. As I indicated yesterday, I regret 
that. I continue to regret it. I think it is unnecessary. I think it is 
a provoked controversy, largely for political content. I think as these 
other negotiations seem to bear fruit, it only underscores that point.
  I do think if the matter is carried to court and resolved there, that 
we may end up with it being clear that a very serious mistake was made 
by the Senate.
  I thank the Senator for yielding.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. D'AMATO. Mr. President, I am not going to speak for more than 30 
seconds on this whole issue of the subpoena. I just wanted to serve 
notice and let the administration know that, again, if they 
successfully complete their negotiations with whoever they are 
negotiating with--the House and whatever Members--that is fine, as long 
as we get the notes. If we do not, if it gets protracted, we will 
continue. I have to do that so that the process does not break down. So 
I thought I would at least bring us up to date on that.

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