[Congressional Record Volume 144, Number 98 (Tuesday, July 21, 1998)]
[House]
[Pages H6065-H6066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  STARR'S CANDOR IN PLEDGING NOT TO LEAD INVESTIGATIVE INFORMATION IS 
                          CALLED INTO QUESTION

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Michigan (Mr. Conyers) is recognized for 5 minutes.
  Mr. CONYERS. Mr. Speaker, according to media reports, a hearing was 
held this morning on the issue of leaks by the Office of Independent 
Counsel Kenneth Starr.
  The issue of leaks by the Independent Counsel and his staff is not 
new. Last month, Mr. Starr acknowledged in an interview that he has 
talked to reporters on an ``off the record basis,'' and that his chief 
deputy, Mr. Jackie Bennet, Jr., spends much of this time talking to the 
media.
  The Independent Counsel argues that there is nothing improper about 
his contacts with the media because he did not disclose any information 
coming directly from the grand jury. According to him, there is nothing 
wrong with talking to the press about his investigation so long as the 
information he reveals has not yet come before the grand jury. I find 
that overly technical distinction to be unpersuasive.
  In the past, Mr. Starr has flatly denied leaking to the press. In 
fact, his earlier public statements took a hard line on the issue. He 
has said the following about the release of confidential information by 
his office:
  ``The release of any investigative information by a member of this 
office or any other law enforcement agency would constitute a serious 
breach of confidentiality.'' Ken Starr, Washington Times, April 30, 
1996.
  ``Consistent with its historical practice, the Department of Justice 
does not ordinarily disclose the evidence gathered during an 
investigation except through the mechanism of indictment and trial. See 
28 CFR Sec. 50.2.'' Annual Status Report to Congress By The Office of 
Independent Counsel Kenneth W. Starr, p. 13 (Aug. 9, 1997).
  ``[A]n independent counsel `shall, except to the extent that to do so 
would be inconsistent with the purposes of the statute, comply with the 
written or other established policies of the Department of Justice 
respecting enforcement of the criminal laws.' 28 U.S.C. 
Sec. 594(f)(1).'' Annual Status Report to Congress By The Office of 
Independent Counsel Kenneth W. Starr, p. 13 (Aug. 9, 1997).
  ``As much as I understand the questions that you have, I am operating 
under constraints of confidentiality. It is simply inappropriate, it's 
simply improper for me to be addressing questions in the course of an 
investigation.'' Ken Starr Press Conference, Jan. 22, 1998.
  ``I'm not going to comment on the status of our negotiations [with 
Ms. Lewinsky's lawyers]. That again, if you ask specific facts, Linda, 
which you're entitled to do, I just hope you understand, especially 
when you ask a kind of question about the status of someone who might 
be a witness, that goes to the heart of the grand jury process.'' Ken 
Starr Press Conference, Feb. 5, 1998.
  The obligation of laws, I cannot answer some of the questions that 
you understandably have. I'm sympathetic with that. But I am under a 
legal obligation not to talk about facts going before the grand jury. 
Ken Starr Press Conference, Feb. 5, 1998.

[[Page H6066]]

  I believe in having testimony and evidence put before 23 men and 
women drawn at random. That's our system. That is government by the 
people. It's not government by prosecutors. It's putting evidence 
before a grand jury. That is our system. It's a sound system. It's 
centuries old. It was ordained at the founding of the American 
republic. Part of that is, guard the confidentiality of that. Ken Starr 
Press Conference, Feb. 5, 1998.
  ``In my service as Independent Counsel, particularly with regard to 
the secrecy of the grand jury, I have insisted on a high commitment to 
professional conduct. I have expressed this commitment to you 
repeatedly. From the beginning, I have made the prohibition of leaks a 
principal priority of the Office. It is a firing offense, as well as 
one that leads to criminal prosecution. In the case of each allegation 
of improper disclosure, we have thoroughly investigated the facts and 
reminded the staff that leaks are utterly intolerable.'' Letter from 
Ken Starr to David Kendall, February 6, 1998, at p.1.
  ``In light of the unclear press attributions in some examples cited 
in your letter, I have undertaken an investigation to determine 
whether, despite my persistent admonitions, someone in this Office may 
be culpable. I have no factual basis--as you likewise of not have--even 
to suspect anyone at this juncture.'' Letter from Ken Starr to David 
Kendall, February 6, 1998, at p.1.
  Mr. Starr's earlier statements to the public appear inconsistent with 
his more recent admission that he and his deputy routinely talk to the 
press. The changing positions he has taken raise questions about 
whether he has been fully candid about the extent of his dealings with 
the media.

    COMMUNICATION FROM THE CHAIRMAN OF THE COMMITTEE ON THE BUDGET 
   REGARDING REVISIONS TO THE ALLOCATION FOR THE HOUSE COMMITTEE ON 
    APPROPRIATIONS PURSUANT TO SECTION 2 OF THE HOUSE RESOLUTION 477

  The Speaker pro tempore under a previous order of the House, the 
gentleman from Ohio, Mr. Kasich, is recognized for 5 minutes.
  Mr. KASICH. Mr. Speaker, pursuant to Sec. 314 of the Congressional 
Budget Act, I hereby submit for printing in the Congressional Record 
revisions to the allocation for the House Committee on Appropriations 
pursuant to section 2 of House Resolution 477 to reflect $475,000,000 
in additional new budget authority and $475,000,000 in outlays for 
fiscal year 1999.
  As reported by the House Committee on Appropriations, H.R. 4276, a 
bill making appropriations for Departments of Commerce, Justice, and 
State, the Judiciary and Related Agencies Appropriations Bill for 
Fiscal Year 1999, includes $475,000,000 in budget authority and 
$475,000,000 in outlays for international arrearages.
  These adjustments shall apply while the legislation is under 
consideration and shall take effect upon final enactment.
  Questions may be directed to Art Sauer or Jim Bates at x6-7270.

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