[Congressional Record Volume 143, Number 107 (Friday, July 25, 1997)]
[Senate]
[Page S8141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          INDEPENDENT COUNSEL

  Mr. SPECTER. Mr. President, I have sought recognition to comment 
briefly on the issue of independent counsel. Yesterday, I spoke about 
my view that independent counsel ought to be appointed and the fact 
that there appeared to be no chance of Attorney General Reno appointing 
an independent counsel, and then exploring the alternatives of 
litigation and the alternative of an amendment to the independent 
counsel statute. I stated at that time that I intended to pursue 
legislation to modify the independent counsel statute and had hoped to 
put it on the appropriations bill on Commerce, State, Justice, and the 
Judiciary, but would not do so if it would tie up the bill.
  After consultation with the distinguished majority leader and others, 
it was apparent to me that such an amendment would tie up the bill and 
most probably provoke a filibuster on the other side, and that, in 
fact, a unanimous-consent agreement had been proposed which was 
conditional on tabling any amendment which I might offer.
  In addition to the amendment on independent counsel, I was 
considering, along with my distinguished colleague, Senator Hatch, 
offering a sense-of-the-Senate resolution calling for the Attorney 
General to appoint independent counsel. But even a sense-of-the-Senate 
resolution would have provoked a likely filibuster to tie up the bill. 
So I did not proceed to do that, but instead filed at the desk 
yesterday legislation for independent counsel, after consultation with 
the majority leader, who said that if an opportunity presented itself 
that that matter might be called up as early as next week. That would 
not be certain because there are considerations as to what will happen 
with the reconciliation bill and the tax bill.
  In the alternative, after discussions with Senator Hatch, the 
alternative has been considered to have a sense-of-the-Senate 
resolution perhaps acted on next week, if there is time. It is the last 
week before the recess. But that is problematical.
  Mr. President, I ask unanimous consent that the text of the sense-of-
the-Senate resolution be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     SEC.    . SENSE OF THE SENATE REGARDING APPOINTMENT OF 
                   INDEPENDENT COUNSEL.

       (a) Findings.--The Congress finds that--
       (1) press reports appearing in the early Spring of 1997 
     reported that the FBI and the Justice Department withheld 
     national security information the Clinton administration and 
     President Clinton regarding information pertaining to the 
     possible involvement by the Chinese government in seeking to 
     influence both the administration and some members of 
     Congress in the 1996 elections;
       (2) President Clinton subsequently stated, in reference to 
     the failure by the FBI and the Justice Department to brief 
     him on such information regarding China: ``There are 
     significant national security issues at stake here,'' and 
     further stated that ``I believe I should have known'';
       (3) there has been an acknowledgment by former White House 
     Chief of Staff Leon Panetta in March 1997 that there was 
     indeed coordination between the White House and the DNC 
     regarding the expenditure of soft money for advertising;
       (4) the Attorney General in her appearance before the 
     Senate Judiciary Committee on April 30, 1997 acknowledged a 
     presumed coordination between President Clinton and the DNC 
     regarding campaign advertisements;
       (5) Richard Morris in his recent book, ``Behind the Oval 
     Office,'' describes his firsthand knowledge that ``the 
     president became the day-to-day operational director of our 
     [DNC] TV ad campaign. He worked over every script, watched 
     each ad, ordered changes in every visual presentation and 
     decided which ads would run when and where;''
       (6) there have been conflicting and contradictory 
     statements by the Vice President regarding the timing and 
     extent of his knowledge of the nature of a fundraising event 
     at the Hsi Lai Buddhist Temple near Los Angeles on April 29, 
     1996;
       (7) the independent counsel statute requires the Attorney 
     General to consider the specificity of information provided 
     and the credibility of the source of information pertaining 
     to potential violations of criminal law by covered persons, 
     including the President and the Vice President;
       (8) the independent counsel statute further requires the 
     Attorney General to petition the court for appointment of an 
     independent counsel where the Attorney General finds that 
     there is a reasonable likelihood that a violation of criminal 
     law may have occurred involving a covered person;
       (9) the Attorney General has been presented with specific 
     and credible evidence pertaining to potential violations of 
     criminal law by covered persons and there is a reasonable 
     likelihood that a violation of criminal law may have occurred 
     involving a covered person; and
       (10) the Attorney General has abused her discretion by 
     failing to petition the court for appointment of an 
     independent counsel.
       (b) It is the Sense of the Senate that the Attorney General 
     should petition the court immediately for appointment of an 
     independent counsel to investigate the reasonable likelihood 
     that a violation of criminal law may have occurred involving 
     a covered person in the 1996 presidential federal election 
     campaign.

  Mr. SPECTER. As if in morning business, Mr. President, I submit the 
sense-of-the-Senate resolution for introduction to be considered at a 
later time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. I thank the Chair. I yield the floor.
  In the absence of any other Senator on the floor, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Brownback). Without objection, it is so 
ordered.
  (The remarks of Mr. Murkowski pertaining to the instroduction of S. 
1069 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')

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