[Congressional Record Volume 142, Number 68 (Wednesday, May 15, 1996)]
[House]
[Pages H5134-H5135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     WHITEWATER INDEPENDENT COUNSEL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Massachusetts [Mr. Meehan] is recognized for 5 minutes.
  Mr. MEEHAN. Mr. Speaker, I come to the House floor tonight to discuss 
the independence of Whitewater Independent Counsel Ken Starr.
  Six weeks ago, I wrote Mr. Starr a letter. I asked him to immediately 
take the necessary steps to assure the credibility of his position by 
eliminating even the appearance of conflicts of interest in his 
Whitewater investigation. Since that time, Mr. Starr has done nothing 
to rectify the situation. In face, he has not even responded.
  At first, Mr. Speaker, I was surprised that Mr. Starr, who is such a 
highly successful attorney that he can pick and choose his clients, 
would decide to represent a tobacco company--a political foe of the 
President. However, as I began to take a closer look at Mr. Starr's 
career decisions, his representation of Brown & Williamson fits 
perfectly into a portfolio of controversial clients.
  The archconservative Bradley Foundation, is another ideological 
client of the Independent Counsel. The Bradley Foundation hired Mr. 
Starr as a consultant and when Mr. Starr argued a school voucher case 
before the Wisconsin Supreme Court, the Bradley Foundation provided a 
$150,000 grant to pay State's legal fees. By defending the Wisconsin 
school voucher system, Mr. Starr argued directly against the Clinton 
administration's stance on an issue that could very well play a role in 
the 1996 Presidential election.
  Mr. Speaker, the Bradley Foundation is one of this Nation's most 
conservative and partisan organizations. Each year the Bradley 
Foundation doles out $20 million to groups like the American Spectator, 
the Landmark Legal Foundation, the Free Congress Foundation, and others 
who attack the President and First Lady in a highly political and often 
personal fashion.
  We can conclude then, Mr. Speaker, that Independent Counsel Ken 
Starr's personal wealth--he made well over $1 million dollars last 
year--is quite dependent on a political clientele.
  Let's now look at Mr. Starr's firm, Kirkland & Ellis, and its 
dealings with the Resolution Trust Corporation--the key Federal agency 
in the Whitewater investigation.
  In May 1993, nearly a year before Starr's appointment as Independent 
Counsel, the RTC accused Kirkland & Ellis of professional misconduct in 
the negligent representation of the First America Savings Bank, a 
failed savings and loan association. After Mr. Starr was appointed 
Independent Counsel, Kirkland & Ellis paid the RTC $325,000 to settle 
the claim.
  Starr, who, as senior partner serves on Kirkland & Ellis' management 
committee, claims he was unaware of his firm's negotiations with the 
RTC. Mr. Speaker, I sincerely hope Mr. Starr was blissfully unaware of 
this case. Because, during this same period, Mr. Starr as Independent 
Counsel in the Whitewater Investigation, was questioning some of the 
same RTC officials who were involved with the decision to sue his law 
firm. Again, a reasonable person would see the appearance, if not the 
existence, of a serious conflict of interest.
  Mr. Starr's appearance problems neither begin nor end with Brown & 
Williamson or the RTC.
  Furthermore, Mr. Speaker, the Justice Department has launched a 
number of grand jury investigations into possible criminal violations 
on the part of tobacco companies and their executives. According to the 
New York Times at least five grand juries have been convened. 
Department of Justice's probe of the tobacco industry represents the 
Department's largest investigation of the manufacturer of a consumer 
product under the Clinton administration.
  However, while parents and health advocates overwhelmingly support 
the President's actions on curbing youth tobacco use, cigarette 
manufacturers, like Brown & Williamson, have retaliated with a massive 
political donation campaign to thwart the FDA's common sense 
regulations. Political donations by tobacco interests set new records 
last year. They gave $4 million in PAC and soft money to the two major 
political parties and various congressional candidates. Tellingly, Mr. 
Speaker, more than $3 million went to Republicans.
  The Food and Drug Administration has proposed new regulations on 
tobacco advertising and marketing to children. President Clinton's 
leadership on the FDA's regulations has been

[[Page H5135]]

historic. Never before has an American President so boldly stood up to 
Big Tobacco and not backed down.
  Mr. Speaker, to say that tobacco companies, like Brown & Williamson, 
have a contentious relationship with the Clinton administration would 
be a gross understatement. Never before has the tobacco industry faced 
so many challenges in its dealings with the Federal Government. Let me 
just add, as an aside, that problems for the tobacco industry are 
victories for America's children.
  The Castano suit is the largest class action suit in history. It has 
been filed on behalf of all addicted smokers in the United States 
against the tobacco industry. If successful, the Castano suit will cost 
Big Tobacco millions and millions of dollars.
  I could not believe that the politically savvy Mr. Starr--a former 
Solicitor General in the Bush administration--would be so naive as to 
not see a serious problem in his dual role as lead attorney for Brown & 
Williamson and the Whitewater investigator.
  I was unnerved, to say the least, Mr. Speaker, when I turned on my 
television set several weeks ago and saw Mr. Starr--not in Little Rock, 
AR, working on Whitewater--but in New Orleans. He was there acting as 
the Counsel of Record, in other words, the lead attorney, for the 
entire tobacco industry in the Castano class action suit.
  For several years now, I have worked to hold Brown & Williamson, 
along with the rest of the tobacco industry, accountable for 
manipulating the level of nicotine in cigarettes, for targeting 
America's children in advertising, and for misleading the Congress, 
Federal agencies, and the American people when it comes to the dangers 
of tobacco products.
  Unfortunately, here is what they are getting:
  Mr. Starr, while purporting to oversee and lead the Whitewater 
Investigation, remains actively involved in an enormous private 
practice, over $1 million per year. Moreover, much of his private 
practice is dominated by ideological foes of the President.
  For example, Mr. Starr is employed by Brown & Williamson--one of this 
Nation's largest tobacco companies. In fact, my interest in Mr. Starr's 
conflicts of interest stems from his work for Brown & Williamson.
  Mr. Speaker, when the sitting President of the United States is under 
investigation, the public demands a fair and impartial investigator. I 
do not believe that is too much to ask. Currently, though, we have an 
Independent Counsel who seems to be the servant of several masters.
  Mr. Speaker, the American people deserve better than this, the 
Congress deserves better than this, and the President deserves better 
than this.
  Mr. Starr fails to recognize the political context of this Whitewater 
investigation. If he is to serve effectively as the Independent 
Counsel, it is imperative that he resolve problems his large, lucrative 
private practice creates. His unwillingness to address these questions 
will ultimately taint any resolution in this case.
  Mr. Speaker, when a sitting President is the subject of any kind of 
investigation, the public demands a fair and impartial investigator. I 
do not believe that is too much to ask. Currently though we have an 
independent counsel who seems to serve several masters.
  Mr. Speaker, the American people deserve better. The President 
deserves better. This Congress deserves better.

                              {time}  2000

  Mr. Speaker, Mr. Starr needs to clear up this conflict of interest. 
You cannot serve two masters. He made a million dollars last year in 
private clients. Somebody who can conduct a politically charged 
investigation that involves potentially the President ought to be 
really independent. It is time, Mr. Starr. Answer these questions.

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