[Congressional Record Volume 143, Number 33 (Friday, March 14, 1997)]
[Senate]
[Pages S2316-S2317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  APPOINTMENT OF AN INDEPENDENT COUNSEL TO INVESTIGATE ALLEGATIONS OF 
                          ILLEGAL FUNDRAISING

  The Senate continued with the consideration of the joint resolution.
  Mr. SPECTER. Mr. President, I see my colleague, Senator Dorgan, on 
the floor waiting to speak. So I shall not take too long in commenting 
on the resolution calling for independent counsel, Senate Joint 
Resolution 22. But I came here to speak on this subject, and I think 
the time is past for independent counsel.
  Independent counsel should be appointed where there is credible 
evidence that there had been criminal violations. You don't have to 
prove the case. Credible evidence is really a statement of prima facie 
which takes the case from the grand jury and on a fair evaluation as to 
what has occurred and what has been made public. It is my legal 
judgment, having some experience in the field, having been district 
attorney for Philadelphia for 8 years, and having served on the 
Judiciary Committee for many years, that we have long since passed that 
point.
  It is not a partisan issue. It is not just Republican Senators who 
are saying that. The same call has come on the other side of the aisle 
from Democrats. You have ranking officials who have been involved in 
fundraising in religious institutions which raise violations of Federal 
law in a fairly clear-cut manner. You have, again, ranking officials 
who have engaged in campaign practices. Dick Morris was cited by the 
President himself as having identified the commercials. We know the 
President is bound not to accept additional money when there is Federal 
financing, which there was. And millions of dollars were raised, again, 
on both sides. Those moneys were used to further the President's 
campaign in 1995.
  There is an issue about advocacy as opposed to the candidates 
themselves. But that line, I think, has been crossed. Certainly, there 
is credible evidence which warrants an investigation.
  The day before yesterday the Judiciary Committee dealt with a 
resolution on this subject. Yesterday, a letter was circulated, which I 
signed, which was sent to the Attorney General requiring an answer 
within 30 days. She does not have to agree with the letter which was 
sent, but she does have to respond.

[[Page S2317]]

  Mr. President, we know what has been in the public media. We know 
that an investigation has been conducted by the Public Integrity 
Section and by the FBI. The question is raised as to what that 
investigation has disclosed, which is known to the Attorney General. I 
believe we ought to have an answer from the Attorney General based upon 
what has been presented to her from the public record, and an inquiry 
as to what she knows from the confidential record that she is privy to.
  When the grand jury investigates, those matters are secret. When the 
FBI investigates, those matters are not made available to the Judiciary 
Committee. But we have presented a substantial body of material, and I 
believe we are entitled to an answer not only as to that, but a 
certification, in effect, from the Attorney General as to what she may 
know beyond what is in the public record, because that investigation 
has been going on for a long time, and she is privy to what has 
occurred with the investigation of the FBI and with the investigation 
of the grand jury. I think we are entitled to a response on that basis. 
But there is sufficient material on the record.
  It is my hope that we will not have a filibuster on this resolution 
but we will be able to take it to a vote. As Senator Dodd said at some 
length about the filibuster against the McCain-Feingold bill, I broke 
party ranks, as did a number of Republicans, in voting for cloture on 
that matter. I am not satisfied with the McCain-Feingold bill, which I 
have not cosponsored. But I do believe the matter ought to come to the 
floor and that we ought to offer amendments. We ought to see if a 
majority of the U.S. Senate is willing to pass campaign finance reform.
  Similarly, on this resolution calling for independent counsel, I 
think we ought to have a determination up or down as to whether a 
majority of Senators agree with the letter which we sent over to the 
Attorney General calling for independent counsel.
  I thank the Chair for sitting on this Friday afternoon when most of 
our colleagues have left town, and I will soon be returning to 
Pennsylvania.
  I yield the floor.
  Mr. DORGAN. Mr. President, I make a point of order that a quorum is 
not present.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from North Dakota.
  Mr. DORGAN. Mr. President, I ask unanimous consent to proceed for 20 
minutes as if in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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