[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2790-S2791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   DEFENDING THE INDEPENDENT COUNSEL

  Mr. SESSIONS. Mr. President, I was disappointed to hear one of our 
fine Senators, an able attorney, take the floor just a few minutes ago 
to commence a new round of attacks, it appears, on the new independent 
counsel, Mr. Ray.
  We went through a period of time in which a person in this country 
was trying to enforce the law, trying to complete his duty as a sworn 
officer of the court, an individual asked to serve by the Attorney 
General of the United States, Mr. Starr, who conducted himself with 
restraint, propriety and fidelity to duty--a thankless task. He then 
gave up that office. Now it appears that Mr. Ray will be subjected to 
the same type of remarks. It is really disturbing and frustrating for 
me to hear that. I hope we don't hear that beginning. He simply made 
the obvious statement to the paper that the President can be indicted 
after he leaves office. He said that the investigation is not complete. 
He is charged with completing the investigation. He has an obligation 
to complete it, and he should complete it. I don't think anyone would 
suggest that he ought to stop before the evidence is gathered, that he 
ought not to fulfill his duty and responsibility that has been given to 
him. So I am really concerned about that.
  During the impeachment trial--and I hate to even recall that, but I 
didn't start this discussion tonight--I remember that those on the 
other side of the aisle said even if a crime were committed, that would 
be something a prosecutor would deal with but it did not require us to 
impeach. Obviously, that is true. People could have believed that crime 
was committed and that an impeachment vote was not required. But that 
does not suggest a prosecution should not go forward. We have a 
principle in this country that is chiseled into the walls of the 
Supreme Court building: Equal Justice Under Law.
  The Supreme Court made clear during the Nixon case, and at other 
times, that no American is above the law. They say, well, you would 
never prosecute another citizen in America for committing perjury in a 
civil case. That is silly. Well, I suggest that is not accurate. People 
are prosecuted for perjury in civil cases. I served as a U.S. attorney 
for 12 years in Mobile, AL. I remember very distinctly a young police 
officer who accused the chief of police of corruption. He was his 
driver. He made allegations in a deposition, and lawsuits were filed 
against the chief of police in Mobile, AL, who was an African American. 
They were coming after him. He repeated that under oath, and it turned 
out to be totally bogus. He eventually admitted it was bogus. He came 
to me as a U.S. attorney, a Federal prosecutor--it was a Federal 
lawsuit--and I believed it ought to be prosecuted. We charged that 
young man for that stupid, perjurious, felonious act. He pleaded guilty 
to it, as well he should have.
  I don't know why the President is above that. If he did a crime, he 
ought to answer for it. I remember when this matter was at one of its 
intense points, I shared a private conversation with a distinguished 
Senator on the other side of the aisle. I shared with him that maybe 
the President ought to just admit he did something wrong, say he did it 
to the world, say he didn't tell the truth, ask the Congress to 
not impeach him, ask the American people for forgiveness, and say when 
he serves his term and walks out of there, he is willing to plead 
guilty to any crime he committed and ask for the mercy of the court. 
Now that would have ended the whole thing. That would have taken a 
manly act on his part, which I didn't really see occur during that 
time.

  So I don't know how it ought to be handled. But I don't believe a 
duly appointed special prosecutor needs to be subjected to abuse on the 
floor of the Senate for doing what he is instructed to do and charged 
with doing by the courts of America. And to say it is like Russia, I 
don't appreciate that one bit. What is like Russia is when leaders lie, 
cheat, steal, and maintain their office. That is what happens in a 
country such as Russia, not in a free democracy where all Americans are 
equal and have a right to know that every other public official is 
equal and subject to the law just as they are.
  I am not suggesting I know what the facts are or that Mr. Ray does or 
does not have a good case. I have been a prosecutor, and I know what 
you have to do. A prosecutor has to gather the facts. Then if he has a 
case, he has to put it out before the whole world. If it is not there, 
he will be remembered for a bogus and unfair prosecution, if he ever 
got an indictment from a grand jury, which I doubt he would if he 
didn't have a good case. I am not afraid of the system. The President 
is subject to the system as is anyone else.
  I wish we could bring this investigation to a close, but I happen to 
be on the committee involved in an investigation of various matters 
involving campaign finance and spying and that sort of thing. Senator 
Specter from

[[Page S2791]]

Pennsylvania chairs it, and Senator Torricelli is a member. We have an 
incredibly difficult time getting information and documents from this 
Government. No wonder it takes Mr. Starr and Mr. Ray so long and they 
are frustrated at every turn in obtaining evidence they need to make a 
legitimate decision and present a legitimate case to a grand jury.
  I wish this were over. I wish we never had to talk about it. I don't 
intend to raise the subject myself. But as a Federal attorney, I have 
been in court trying to do my duty. I have made up my mind that I am 
not going to allow somebody who is doing his duty to gather the 
evidence and make a decision on whether a case ought to go forward to 
be abused and compared to somebody in Russia. I am not going to allow 
that. We need to speak out against that, and I intend to do so at every 
opportunity.

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