[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Senate]
[Page S11558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SENATE CONCURRENT RESOLUTION 72--RELATIVE TO PARDONS

  Mr. SHELBY (for himself, Mr. Bond, Mr. Grams, Mr. Murkowski, Mr. 
Faircloth, Mr. Kyl, Mr. Inhofe, Mr. Santorum, Mrs. Frahm, Mr. Thurmond, 
Mr. Helms, and Mr. Bennett) submitted the following concurrent 
resolution; which was referred to the Committee on the Judiciary:

                            S. Con. Res. 72

       Whereas it is incumbent upon the Congress to oppose any 
     action that would have the effect of undermining the rule of 
     law or the faith of the American people in our jury system;
       Whereas on May 28, 1996, former business partners of the 
     President were convicted of a total of 24 felony counts by a 
     jury of 12 Arkansas residents;
       Whereas Susan McDougal and Jim Guy Tucker have been 
     sentenced for their crimes by a Federal district judge in 
     Little Rock, Arkansas, and their codefendant James McDougal 
     is awaiting sentencing by the same judge;
       Whereas on September 4, 1996, Susan McDougal was held in 
     contempt of court for refusing to answer questions before a 
     Federal grand jury relating to (1) the knowledge of the 
     President with respect to the fraudulent transactions for 
     which she was convicted, and (2) the truthfulness of the 
     testimony of the President at her trial;
       Whereas in a televised interview broadcast on September 23, 
     1996, the President stated that any request for a 
     Presidential pardon made by James or Susan McDougal or Jim 
     Guy Tucker would be reviewed in the normal course, thereby 
     leaving open the possibility that one or more pardons might 
     indeed be issued at some later date;
       Whereas any Presidential pardon of James or Susan McDougal 
     or Jim Guy Tucker would seriously undermine the confidence of 
     the American people in our criminal justice system, by 
     essentially nullifying felony convictions of friends and 
     associates of the President rendered by a jury of 12 Arkansas 
     residents on charges initially brought by a grand jury 
     comprised of 23 other Arkansans; and
       Whereas the September 23, 1996, remarks by the President 
     could be construed by his recently convicted friends and 
     associates as offering them an inducement to refuse to 
     testify honestly and openly about matters under investigation 
     by Federal law enforcement authorities: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring, That it is the sense of the Congress that the 
     President should categorically disavow any intention of 
     issuing a Presidential pardon to James or Susan McDougal or 
     Jim Guy Tucker, and thereby affirm the principle that, in the 
     system of justice in the United States, no person is above 
     the law.

 Mr. SHELBY. Mr. President, I have been very disturbed by the 
recent press reports detailing the President's willingness to pardon 
Susan McDougal and possibly other former business partners and friends 
who have been convicted of defrauding the government.
  The President's public willingness to suggest that a pardon may be 
forthcoming, at a time when Susan McDougal is facing contempt charges 
by a lawfully empaneled grand jury for not responding to questions 
about the role and truthfulness of the President himself, undermines 
our judicial system and seriously questions his ability to fulfill his 
obligation to see that ``the laws be faithfully executed.''
  As you will recall, Mr. President, Susan McDougal was convicted on 
several felony counts of defrauding the government. She was tried and 
convicted by a jury of her peers in Little Rock, Arkansas and sentenced 
to 2 years in prison for her crimes.
  While the President may not be pleased with the results of 
Independent Counsel Kenneth Starr's, investigation, including the 
conviction of many of his friends and former associates, it is 
outrageous for the President to now allege prosecutorial misconduct on 
behalf of Mr. Starr. At the request of Attorney General Reno, a three 
judge panel appointed an Independent Counsel, Kenneth Starr, to 
investigate fully any violation of Federal law relating in any way to 
James B. McDouglal's, President William Jefferson Clinton's or Mrs. 
Hillary Rodham Clinton's relationships with Madison Guaranty Savings & 
Loan Association, Whitewater Development Corporation, or Capital 
Management Services, Inc.
  Mr. President, the President's recent statements raise serious 
questions about his intent to interfere with, and possibly undermine, 
the Independent Counsel's ongoing investigation into these matters.
  Today, Senator Bond and I are submitting a concurrent resolution that 
would express the Sense of the Congress that the President should 
disavow any intent of issuing presidential pardons to James and Susan 
McDougal and Jim Guy Tucker and reaffirm one of the basic tenets of our 
American system of justice that no one is above the law.

                          ____________________