May 10, 1989 CONGRESSIONAL RECORD-HOUSE 8807 HOUSE OF REPRESENTATIVES-Wednesday, May 10, 1989 The House met at 2 p.m. APPOINTMENT AS MEMBERS OF f ense cooperation. The proposed FSX The Chaplain, Rev. James David THE COMMISSION ON THE fighter aircraft agreement between Ford, D.D., offered the following UKRAINE FAMINE the administration and the Japanese prayer: The SPEAKER. Pursuant to the Government raises broader concerns 0 gracious God, as Your loving spirit provisions of section 4(a) of title 5, of our economic survival in an increas­ has inspired people through all the Public Law 99-180, the Chair appoints ingly competitive world. Economic years to do the good works of grace, so as members of the Commission on the competitiveness is and must be a nec­ inspire us to be good stewards of that Ukraine Famine the following Mem­ essary component of our national se­ same grace by doing the deeds of jus­ bers on the part of the House: curity policy. tice and mercy in our time and day. Mr. HERTEL of Michigan, Chairman; This proposal sacrifices the long­ Make broad our vision, 0 God, so we Mr. DORGAN of North Dakota; term competitiveness of the U.S. aero­ see holy tasks, not only in temples of Mr. BROOMFIELD of Michigan; and space industry. It allows vital U.S. stone and glass, but in the concerns Mr. GILMAN of New York. technologies to be freely transferred before us, in the responsibilities of our to Japanese firms, greatly helping work, and by an attitude of respect their aircraft industry compete with with all those people we meet. Bless us PROFESSIONAL MILITARY EDUCATION REPORT American businesses. If this is the best this day and every day. Amen. deal the Pentagon could obtain, then I

D This symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 8808 CONGRESSIONAL RECORD-HOUSE May 10, 1989 and protect the American dream of tic economic assumptions, spending demands for justice have been sup­ homeownership from the ravages of flipped between fiscal years, smoke, pressed. inflation. mirrors, and thoroughly cooked books, The outpouring of opposition to Any capital gains solution must in­ the plain answer to what we will do is Noriega was so massive that he had to clude real property-the backbone of nothing. resort to a total manipulation of the taxpayer investment in America. Mr. Speaker, this is government by results. It was not just a matter of poll. When we survey people and ask changing a few tallies here and stuff­ STOP THE FSX DEAL them if they want to pay more taxes, ing a few ballot boxes there. It re­ of course they say no. When we ask quired a complete disruption of the given permission to address the House for 1 minute and to revise and extend from a letter which I received from a Mr. WILLIAMS. Madam Speaker, I his remarks.> young woman in the State of Ver­ was home again in Montana this last Mr. APPLEGATE. Madam Speaker, mont; which I represent, having to do weekend, and among the meetings I it is with a great deal of pride that I with her feelings about a woman's had was one meeting with a couple of rise today to pay tribute to the steel­ right to choose an abortion: dozen workers. One of those workers' working men and women of the Ohio I became pregnant two months before my name is Helen. Valley. This is very fitting in light of graduation from college, in spring, 1970. My graduation plans included a job and possibly Madam Speaker, Helen told me that the dedication of a statue in Steuben­ graduate school; marriage and motherhood she has been a waitress for 33 years ville, OH on Thursday, May 18th com­ were still far in my future. I was in no posi­ and has worked for the same chain memorating the valley's steelworkers. tion to raise a child either financially or-es­ restaurant company in Montana. After The sculpture, standing 7 feet tall, and pecially-emotionally. 33 years Helen, in her early sixties, weighing nearly 4 tons, depicts a steel­ We lived in New York, and abortion was il­ earns $3.35 an hour. worker garbed in the protective cloth­ legal then except when the pregnancy Madam Speaker, let me say to ing worn by those who work the open threatened the life of the mother. A minis­ Helen, "Helen, we're about to pass a hearth furnace in a steel mill. ter explained how to arrange to go to New Orleans for an abortion. I would have to minimum wage bill here to help you, At a time when the country seems to arrive and leave the same day and travel and the President of the United States be moving in a direction away from alone. No names involved. The cost was very is going to veto it, and, Helen, the ma­ our basic industrial base and our expensive and did not include transporta­ jority of the Republicans in this smokestack industries, it is important tion. I felt like a criminal; I suppose had I Chamber seem satisfied that, after 33 to remember our roots, how we have gone through with it, I would have been years, you're making $3.35 an hour. progressed and the key role that the one. American steelworker played in this I was able to get a legal abortion, however, transition. It is also very important to because I could demonstrate that if I went through with my pregnancy, I would prob­ QUESTION OF PRIORITIES understand that while the steel indus­ ably die. At least I was able to obtain a safe change today, it is not a dinosaur as measurable. Mr. MICHEL. Madam Speaker, occa­ some would believe; but rather a striv­ I hope that when you and your colleagues sionally an issue arises that brings us a ing industry that relies much upon consider the abortion issue, you will keep question of priorities, not just in the high technology itself and is poised to the mothers' stories in mind. I consider again be a major force in the industri­ myself extremely fortunate. I have always ordinary sense, but as symbolic of had my family's support and access to larger, more profound issues. al heartland of America. enough money to cover emergencies. In the Take the issue of the proposed ex­ The key ingredient to this industry era when abortion was illegal, other women emptions from Gramm-Rudman. has been, js and will always be the were not so lucky. They didn't pay for their In considering the FSLIC restuctur­ steelworker. While the tasks they per­ abortions merely with great unhappiness­ ing bill, the majority wants to form may have changed, it is still the they paid with their lives. place the $50 billion financing mecha­ efforts of the many men and women in Sincerely, the industry who have made the in­ nism on budget and exempt that BRATTLEBORO, VT. money from Gramm-Rudman-Hollings dustry what it is today. They are a deficit targets. dedicated, proud, and hard working lot This is a concept the administration that have endured many difficult 0 1430 is concerned about because it will times always to rebound and not only delay enactment of the S&L solution. make the industry better, but them­ HONORING THE CREW OF So allow me to remind our colleagues selves as well. They epitomize the UNITED AIRLINES FLIGHT 811 of one principle that I thought we had American work ethic which is very traordinary circumstances. panies or their workers. There is no Mr. AKAKA. Madam Speaker, the Such a circumstance already exists doubt that we can outproduce, man Secretary of Transportation, Samuel with regard to the Medicare cata­ for man and woman for woman, work­ Skinner, honored the crew of United strophic health care law. ers from any other country and at a Airlines Flight 811 today with the Sec­ It is clear to most of us that the cat­ very competitive price. retary's Award for Heroism. astrophic surtax provisions create too The dedication of the statue in Steu­ As many of you will recall, the cargo large a burden for our elderly. benville is symbolic of the trials and door of United Flight 811 was blown But if we are going to correct this in­ tribulations of steelworkers and the open in flight over the Pacific Ocean justice-for that is what it is-we will strengths and abilities upon which on February 24. What could have been need a Gramm-Rudman exclusion be­ they helped build the American steel a tragedy of massive proportions was cause our budget baseline already an­ industry to be the very best. averted by the crew's heroic conduct ticipates revenue for the surtax. Madam Speaker, I hope that you during that terrifying emergency. Madam Speaker, as I see it, some and my colleagues will join with me in Even with the threat of personal want to make a unique exception to commending all steelworkers and injury or death, the crew acted with Gramm-Rudman for the sake of sav­ thanking them for their contributions the courage and skill of true well­ ings and loan institutions. to America. trained professionals. Others, such as this Member, would The flight attendants have shown prefer to make that unique exception that beneath their smile and kind for the sake of elderly Americans A WOMAN'S RIGHT TO CHOOSE words are even greater qualities: Cour­ crushed by an unjust burden. Thomas Beilenson Ford Livingston Robinson Slaughter Thomas the capital and other populated areas, Bennett Ford Torricelli again as a means of cooking. What Bereuter Gallegly Lowery Rohrabacher Smith Towns Berman Gallo Lowey Traficant this means is that a major reforesta­ Bevill Garcia Luken, Thomas Rostenkowski Smith CNJ) Traxler tion program with which we have been Bilbray Gaydos Lukens, Donald Roth Smith CTX> Unsoeld involved is seriously threatened. Bilirakis Gejdenson Machtley Roukema Smith Upton Thirty-five acres a day are being cut to Bliley Gekas Madigan Rowland Smith, Denny Valentine Boehlert Gephardt Manton Rowland VanderJagt provide fuel. Boggs Gibbons Markey Russo Smith, Robert Vento I join with my colleagues in support­ Bonior Gillmor Marlenee Saiki (NH> Visclosky ing the resolution asking India to im­ Borski Gilman Martin Sangmeister Smith, Robert Volkmer Bosco Gingrich Martin (NY) Sarpalius Walgren mediately open its borders with Nepal, Boucher Glickman Martinez Savage Snowe Walker to permit the passage of goods and Boxer Gonzalez Matsui Sawyer Solomon Walsh people between these countries. Brennan Gordon Mazzoli Saxton Spence Watkins Brooks Goss McCandless Schaefer Spratt Waxman Broomfield Gradison McCloskey Schiff Staggers Weber Browder Grandy McColl um Schneider Stallings Weiss RESIGNATION AS MEMBER OF Brown Grant McCrery Schroeder Stangeland Weldon COMMITTEE ON GOVERNMENT Brown Gray Mccurdy Schuette Stark Wheat OPERATIONS Bruce Green McDade Schulze Stearns Whittaker Bryant Guarini McDermott Schumer Stenholm Whitten The SPEAKER pro tempore McGrath Sharp Studds Wise lowing resignation as a member of the Burton Hall Shays Sundquist Wolpe Committee on Government Oper­ Byron Hammerschmidt McMillen Shumway Swift Wyden ations: Callahan Hancock McNulty Sikorski Synar Wylie HOUSE OF REPRESENTATIVES, Campbell Hansen Meyers Sisisky Tallon Yates Washington, DC, May 10, 1989. Cardin Harris Mfume Skaggs Tanner Yatron Carper Hastert Michel Skeen Tauke Young Hon. JIM WRIGHT, Carr Hatcher Miller Skelton Tauzin Speaker, House of Representatives, Wash­ Chandler Hawkins Miller Slattery Thomas ington, DC. Chapman Hayes Miller DEAR MR. SPEAKER: I, hereby, resign my Clarke Hayes Mineta 0 1520 seat on the Government Operations Com­ Clay Hefley Moakley mittee of the U.S. House of Representatives, Clement Hefner Mollohan The SPEAKER pro tempore Hiler Morella tronic device, a quorum. The SPEAKER pro tempore. With­ Coleman Hoagland Morrison Under the rule, further proceedings Collins Hochbrueckner Morrison under the call were dispensed with. out objection, the resignation is ac­ Combest Holloway Mrazek cepted. Conte Hopkins Murphy There was no objection. Conyers Horton Murtha Cooper Houghton Myers PRIVILEGES OF THE HOUSE­ Costello Hoyer Nagle IMPEACHMENT OF JUDGE Coughlin Hubbard Natcher WALTER L. NIXON, JR. PRIVILEOF.s OF THE HOUSE­ Cox Huckaby Neal IMPEACHMENT OF JUDGE Coyne Hughes Neal COMMITTEE AMENDMENT IN THE NATURE OF A WALTER L. NIXON, JR. Craig Hunter Nielson SUBSTITUTE Crane Hutto Nowak Mr. BROOKS. Mr. Speaker, I rise to Dannemeyer Hyde Oakar The SPEAKER pro tempore. The a question of the privileges of the Darden Inhofe Oberstar Clerk will report the committee House, and I call up a privileged reso­ Davis Jacobs Obey amendment in the nature of a substi­ de la Garza James Olin tute. lution The Clerk read as follows: Court for the Southern District of DeWine Johnson Committee amendment in the nature of a Mississippi for high crimes and misde­ Dickinson Johnston Oxley substitute: Strike out all after the resolving Dicks Jones Packard clause and insert the following: meanors. Dixon Jones Pallone The SPEAKER pro tempore. The Donnelly Jontz Panetta That Walter L. Nixon, Jr., a judge of the Dorgan Kanjorski Parker United States District Court for the South­ Clerk will report the resolution. Dornan Kaptur Parris ern District of Mississippi, be impeached for The Clerk read the resolution, as fol­ Douglas · Kasich Pashayan high crimes and misdemeanors, and that lows: Downey Kastenmeier Patterson the following articles of impeachment be ex­ Dreier Kennedy Paxon H. RES. 87 Duncan Kennelly Payne hibited to the Senate: Resolved, That Walter L. Nixon, Jr., judge Durbin Kildee Payne Articles of impeachment exhibited by the of the United States District Court for the Dwyer Kleczka Pease House of Representatives of the United Southern District of Mississippi, is im­ Dymally Kolbe Pelosi States of America in the name of itself and peached for high crimes and misdemeanors. Dyson Kolter Penny all of the people of the United States of Early Kostmayer Perkins America, against Walter L. Nixon, Jr., a Eckart Kyl Petri judge of the United States District Court Edwards LaFalce Pickett CALL OF THE HOUSE Edwards Lagomarsino Pickle for the Southern District of Mississippi, in Emerson Lancaster Porter maintenance and support of its impeach­ Mr. SENSENBRENNER. Madam Engel Lantos Poshard ment against him for high crimes and mis­ Speaker, I move a call of the House. English Laughlin Price demeanors. A call of the House was ordered. Erdreich Leach Pursell ARTICLE I Espy Leath Quillen The call was taken by electronic Evans Lehman Rahall On July 18, 1984, Judge Nixon testified device, and the following Members re­ Fascell Lehman Rangel before a Federal grand jury empaneled in sponded to their names: Fawell Leland Ravenel the United States District Court for the Fazio Lent Ray CRoll No. 491 Southern District of Mississippi Regula burg Division) to investigate Judge Nixon's Ackerman Annunzio Atkins Fields Levine Rhodes Akaka Anthony Baker Fish Lewis Richardson business relationship with Wiley Fairchild Alexander Applegate Ballenger Flake Lewis Ridge and the handling of the criminal prosecu­ Anderson Archer Bartlett Flippo Lewis CGA> Rinaldo tion of Fairchild's son, Drew Fairchild, for Andrews Armey Barton Foglietta Lightfoot Ritter drug smuggling. In the course of his grand May 10, 1989 CONGRESSIONAL RECORD-HOUSE 8815 jury testimony and having duly taken an child case and did not even know Drew Fair­ Judge Nixon's petition for rehearing oath that he would tell the truth, the whole child existed, except for what the judge pre­ en bane, 827 F.2d 1019 0987). On Jan­ truth, and nothing but the truth, Judge viously read in the newspaper and what he Nixon did knowingly and contrary to his learned from the questioners in the inter­ uary 19, 1988, the U.S. Supreme Court oath make a material false or misleading view. denied Judge Nixon's petition for a statement to the grand jury. Nothing was done or nothing was ever writ of certiorari. The false or misleading statement was, in mentioned about Wiley Fairchild's son. On March 15, 1988, the Judicial Con­ substance, that Forrest County District At­ Judge Nixon had never heard about ference certified to the Speaker of the torney Paul Holmes never discussed the the Drew Fairchild case, except what he House of Representatives that im­ Drew Fairchild case with Judge Nixon. told the questioners in the interview, and Wherefore, Judge Walter L. Nixon, Jr., is certainly had nothing to do with the case. peachment of Judge Nixon may be guilty of an impeachable offense and should Judge Nixon had done nothing to in­ warranted. The judge is drawing his be removed from office. fluence the Drew Fairchild case. judicial salary of $89,500, and will, as ARTICLE II State prosecutor Paul Holmes never an article III judge, continue to do so On July 18, 1984, Judge Nixon testified talked to Judge Nixon about the Drew Fair­ for life unless he is impeached by the before a Federal grand jury empaneled in child case. House and removed from office by the the United States District Court for the <2> Judge Nixon further concealed his con­ versations with Wiley Fairchild, Paul Senate. Southern District of Mississippi to investi­ In the lOOth Congress, House Reso­ gate Judge Nixon's business relationship Holmes, and Carroll Ingram concerning the with Wiley Fairchild and the handling of Drew Fairchild case by knowingly giving lution 407, a resolution of impeach­ the prosecution of Fairchild's son, Drew one or more material false or misleading ment was introduced by Mr. Rodino, Fairchild, for drug smuggling. In the course statements to a Federal grand jury during Mr. EDWARDS, Mr. FISH, and Mr. SEN­ of his grand jury testimony and having duly testimony under oath in Hattiesburg, Mis­ SENBRENNER on March 17' 1988, and re­ taken an oath that he would tell the truth, sissippi, on July 18, 1984. The substance of f erred to the Subcommittee on Civil the whole truth, and nothing but the truth, the false or misleading statements included the following: and Constitutional Rights. The sub­ Judge Nixon did knowingly and contrary to committee began an independent in­ his oath make a material false or misleading Paul Holmes never discussed the Drew statement to the grand jury. Fairchild case with Judge Nixon. vestigation of the facts underlying The false or misleading statement was, in To the best of his knowledge and Judge Nixon's prosecution and convic­ substance, that Judge Nixon had nothing recollection, Judge Nixon did not know of tion. The subcommittee assembled and whatsoever officially or unofficially to do any reason he would have met with Wiley reviewed the complete criminal record, with the Drew Fairchild case in Federal Fairchild after the Nixon-Fairchild oil and gas investment was finalized in February including testimony and exhibits from court or State court; and that Judge Nixon the 2-week jury trial, and interviewed "never handled any part of it, never had a 1981. thing to do with it at all, and never talked Judge Nixon gave the grand jury all witnesses and other persons involved to anyone, State or Federal, prosecutor or the information that he had and that he in the case. judge, in any way influence anybody" with could, and had withheld nothing during his In a moment, I will yield to my respect to the Drew Fairchild case. grand jury testimony. friend, DON EDWARDS, the chairman of Wherefore, Judge Walter L. Nixon, Jr., is Judge Nixon had nothing whatsoever unofficially to do with the Drew Fairchild the Subcommittee on Civil and Consti­ guilty of an impeachable offense and should tutional Rights, for a detailed expla­ be removed from office. criminal case in State court. Judge Nixon never talked to anyone, nation of the subcommittee's investi­ ARTICLE III including the State prosecutor, about the gation. By virtue of his office as a judge of the Drew Fairchild case. In the lOlst Congress, on February United States District Court for the South­ Judge Nixon never had a thing to do ern District of Mississippi, Judge Nixon is 22, 1989, I introduced House Resolu­ with the Drew Fairchild case at all. tion 87 along with Mr. EDWARDS, Mr. required to uphold the integrity of the judi­ Judge Nixon "never talked to anyone, ciary, to avoid impropriety and the appear­ State or Federal, prosecutor or judge, in any FISH, and Mr. SENSENBRENNER. It was ance of impropriety, and to obey the laws of way influence anybody" with respect to the referred to the same subcommittee for the United States. Drew Fairchild case. completion of action. The subcommit­ Judge Nixon has raised substantial doubt Wherefore, Judge Walter L. Nixon, Jr., is tee reported the resolution with an as to his judicial integrity, undermined con­ guilty of an impeachable offense and should amendment in the nature of a substi­ fidence in the integrity and impartiality of be removed from office. the judiciary, betrayed the trust of the tute containing three articles of im­ people of the United States, disobeyed the 0 1530 peachment by a vote of 8 to 0. laws of the United States and brought disre­ The Judiciary Committee has, in pute on the Federal courts and the adminis­ The SPEAKER pro tempore Judge Nixon never discussed with Following the guilty verdict, the with it at all, never talked to anybody, Wiley Fairchild anything about Wiley's including the State prosecutor, about son's case. trial judge denied Judge Nixon's (B) Wiley Fairchild never brought up his motion for a new trial. On appeal, the the case. This statement was also son's case. Fifth Circuit Court of Appeals af­ found to be false by the jury and led (C) At the time of the interview Judge firmed the convictions, 816 F.2d 1022 them to convict the judge on a second Nixon had no knowledge of the Drew Fair- (5th Cir. 1987), and thereafter denied count of perjury. 8816 CONGRESSIONAL RECORD-HOUSE May 10, 1989 Article III charges Judge Nixon with agers of the Hattiesburg Airport, was jury be empaneled to investigate the undermining the integrity of the judi­ implicated and later arrested for con­ handling of the Drew Fairchild case, ciary, disobeying the law, and bringing spiracy in smuggling a ton of marijua­ the Nixon-Fairchild oil deal, and disrepute on the courts by concealing na through the Hattiesburg Airport on whether there was any connection be­ his conversations concering the Drew August 4, 1980. tween the two. Fairchild case through a series of false The Drew Fairchild drug smuggling The special grand jury was empan­ or misleading statements during his case and Judge Nixon's alleged in­ eled in Hattiesburg on July 18, 1984. interview with prosecutors, and his volvement in influencing its outcome Judge Nixon voluntarily appeared and grand jury testimony. A total of 14 are fundamental to this impeachment testified. false statements, 7 in the interview inquiry. Midway through the testimony and 7 in the grand jury testimony, in­ After hesitating for several months, Weingarten asked, "Did [Forrest cluding those addressed in the first 2 Carroll Ingram told Wiley Fairchild County District Attorney] Bud articles, are specifically set forth in that Judge Nixon would like to invest Holmes ever discuss the Drew Fair­ Article III. with him and Wiley agreed. child case with you?" And Nixon re­ Mr. Speaker, for purposes of debate In March 1981 Wiley deeded to plied, "No, not to the best of my recol­ only, I yield such time as he may con­ Judge Nixon three mineral royalty in­ lection. I think I would recall it if he sume to the gentleman from Califor­ terests. The price set by Wiley was had." nia [Mr. EDWARDS]. $9,500 and Nixon ultimately gave This statement your subcommittee Mr. EDWARDS of California. Mr. Wiley three promissory notes for this found to be false, and it is charged in Speaker, the distinguished chairman amount. article I of the impeachment resolu­ of the Judiciary Committee has given For reasons which are disputed all tion. you a chronology of the events in this the documents were backdated to re­ This false statement was also the case, beginning with Judge Nixon's flect an execution date of a year earli­ first perjury count for which Judge conviction, and an outline of the com­ er, February 25, 1980. Nixon was convicted and sentenced to mittee's action. There is no doubt that Wiley gave 5 years in prison. I would like to explain in more detail Judge Nixon a sweet deal. Within a Toward the end of the testimony what this case is about and what our relatively few months, royalties start­ Weingarten said, "All right, Judge, do subcommittee did. ed coming to Nixon, totaling more you have anything to add?" Following the referral of House Res­ than $60,000 by the time of his trial. Judge Nixon made a long statement. olution 407 to the Subcommittee on In late 1983, the FBI in Pascagoula, Midway through it, he said: Civil and Constitutional Rights, the MS, received anonymous phone calls Now, I have had nothing whatsoever offi­ subcommittee, assisted by talented alleging that this oil deal between cially or unofficially to do with the Drew special staff, conducted a careful and Wiley and Judge Nixon was a crooked Fairchild criminal case in Federal Court or independent inquiry into Judge deal designed to get Judge Nixon's State court. • • • I have never handled any Nixon's conduct. help in Drew Fairchild's drug case, part of it, never had a thing to do with it at Judge Nixon is only the second Fed­ and in March 1984 the anonymous all and never talked to anyone, State or eral judge in our Nation's history to be caller came forward and identified Federal, prosecutor or judge, in any way in­ convicted of a crime and imprisoned himself to the FBI and agreed to coop­ fluence anybody with respect to this case. while holding judicial office. The erate with the FBI. This statement your subcommittee crime for which he was convicted, He was Robert Jarvis, who had been found to be false, and it is charged in lying to a grand jury in testimony an employee of Wiley's at the time the article II of the impeachment resolu­ under oath, is particularly serious be­ oil deal was made. tion. cause a judge must bear the awesome Jarvis told the FBI that the oil deal This false statement was also the responsibility of swearing witnesses, papers had been signed by Wiley and basis for count IV in the criminal case judging credibility, and finding the Judge Nixon after the drug bust but where Judge Nixon was convicted of truth in cases that come before him. had been backdated to reflect execu­ perjury. Despite our concerns about the seri­ tion before the drug bust. Your subcommittee also found addi­ ousness of the convictions, at the Jarvis alleged that the backdating tional statements in Judge Nixon's outset we determined not to rubber was to make it appear that Judge grand jury testimony which we stamp the jury's verdict. Nixon had not gotten the oil deal in deemed to be false, and they are in­ We ignored the fact of his convic­ connection with Drew Fairchild's cluded as charges in article III of the tion. criminal case. impeachment resolution. We started from scratch. Because of this information the Fed­ After hearing testimony from a In 7 full days of hearings we heard eral investigation of Judge Nixon number of witnesses, including Bud live testimony from all relevant wit­ began in April 1984 and attorney Reid Holmes and Wiley Fairchild, the grand nesses, including Judge Nixon himself. Weingarten of the Public Integrity jury returned a four-count indictment At all stages of our proceedings, Section of the Justice Department was on August 29, 1985 against Judge Judge Nixon was treated with fairness put in charge. Nixon. Count I alleged the acceptance and courtesy. On April 19, 1984, Reid Weingarten of an illegal gratuity from Wiley Fair­ He was afforded every opportunity and an FBI agent interviewed Judge child. Counts II, Ill, and IV alleged to present evidence and to cross-exam­ Nixon in his chambers in Biloxi, MS. perjury before the grand jury. ine witnesses without limitation. Judge Nixon consented to the inter­ At the conclusion of Judge Nixon's Judge Nixon had very able counsel, view being recorded. trial the jury returned guilty verdicts and virtually every request of Mr. In that interview Judge Nixon told on counts III and IV, not guilty on Stewart's was granted. the interviewer that he had never dis­ counts I and II. He was not convicted The facts of this case are very com­ cussed the Drew Fairchild case with on the illegal gratuity count. plicated. I shall try to simplify them. anyone, knew nothing about it, and Judge Nixon was sentenced to con­ In 1979, Judge Nixon asked Hatties­ had done nothing to influence it. current terms of 5 years' imprison­ burg Attorney Carroll Ingram to inves­ Your subcommittee found seven ment on each of the two perjury tigate the possibility of Judge Nixon false or misleading statements by counts that I have previously de­ making an oil investment with Wiley Judge Nixon in that interview. These scribed. Fairchild, a rich Hattiesburg business­ are charged in article III of the im­ The conviction and sentence were af­ man. peachment resolution. firmed on appeal, and the Supreme Before the deal was finalized, Wiley In May 1984 the Justice Department Court declined to review Judge Fairchild's son Drew, one of the man- requested that a special Federal grand Nixon's case. More recently Judge May 10, 1989 CONGRESSIONAL RECORD-HOUSE 8817 Nixon has petitioned that his convic­ vincing evidence, to the unavoidable February 9, 1986: Jury returned verdicts tion be vacated in a section 2255 conclusion that he must be impeached. of guilty against Judge Nixon on perjury The vote in subcommittee was unan­ counts III and IV. motion, which I believe is a habeas April 30, 1987: Fifth Circuit affirms con­ corpus petition. imous, 8 to O. The vote in the commit­ victions This too has been denied in a 59- tee was 34 to O, with 1 member absent. January 19, 1988: Supreme Court denies page opinion by Chief Judge John F. Accordingly, we recommend that the petition for Writ of Certiorari. Nangle on the U.S. District Court, House of Representatives adopt these March 23, 1988: Judge Nixon begins serv­ Eastern District of Missouri. articles of impeachment and that pur­ ing his five-year sentence. On November 26, 1984, Wiley Fair­ suant to article I, section 2 of the Con­ KEY INDIVIDUALS INVOLVED IN THIS CASE child pleaded guilty to an illegal gratu­ stitution, Judge Walter L. Nixon, Jr., Judge Walter L. Nixon, Jr.: Chief Judge, ity charge relating to the oil deal with be tried by the U.S. Senate. Southern District of Mississippi. Presently Judge Nixon and was sentenced to 2 REGARDING THE IMPEACHMENT OF JUDGE serving two concurrent terms of five years years imprisonment with 22 months WALTER L. NIXON, JR., MAY 3, 1989 imprisonment on two prejury counts. Wiley Fairchild: Wealthy businessman suspended. RELEVANT DATES and oil well investor in Hattiesburg, Missis­ On July 11, 1985, Drew Fairchild was February, 1979: Judge Nixon asked Carroll sippi who sold Nixon interests in three oil sentenced to 6 months imprisonment Ingram to see if Wily Fairchild would allow wells and was an important prosecution wit­ and 2% years probation on the drug Nixon to invest with him in oil deals. ness. charge. Aug. 4, 1980: Drug bust at Hattiesburg air­ Drew Fairchild: Wiley's middle-aged son The specific details of the state­ port. Drew Fairchild implicated. who was one of the managers of the Hat­ ments of Judge Nixon's which the sub­ Feb. 25, 1981: Jarvis prepared oil deal tiesburg airport and who was arrested for committee deems to be false and papers. marijuana smuggling. March, 1981: Papers signed for Nixon's Bud Holmes: At that time the local Dis­ which are the basis for the three im­ trict Attorney handling Drew's case. An old peachment articles are outlined in the purchase of interests in three wells for $9500. friend of Judge Nixon's. An important pros­ addendum to my statement which I re­ Dec. 23, 1982: Drew's case "passed to the ecution witness. quest be included in the RECORD and files," made inactive, at Bud Holmes' re­ Carroll Ingram: Wiley's attorney in Hat­ which has been provided to each quest. tiesburg and personal friend of Judge member. November, 1983: Robert Jarvis placed Nixon. He was asked by Nixon to ask Wiley The false statements alleged in the anonymous phone calls to F.B.I. alleging if he would allow Nixon to participate in three articles focus on Judge Nixon's that oil deal was made to get Nixon to help some oil investments. Drew. Robert Jarvis: Employed by Wiley at time deliberate concealment of his conver­ oil deal was made. Prepared papers for oil sations with two men, Wiley Fairchild March, 1984: Jarvis identified himself to F.B.I. and repeated charges. Also claimed deal. Later, while no longer employed by and Bud Holmes. papers were backdated one year to make it Wiley, told F.B.I. that Wiley made oil deal Bud Holmes was the local district at­ appear deal was signed before the Drew's oil in order to obtain Judge Nixon's help in torney while all of this was going on, bust. Drew's drug case. and had conversations with Nixon April 19, 1984: Reid Weingarten of the Reid Weingarten: U.S. Justice Depart­ about the case that are detailed in the Public Integrity Section of U.S. Justice De­ ment Public Integrity Section lawyer who partment interviewed Judge Nixon about investigated and prosecutied Judge Nixon's addendum. case. Bud Holmes was indicted by the the matter. same grand jury for obstruction of jus­ July 18, 1984: Special federal grand jury INTRODUCTION empaneled in Hattiesburg to investigate [This material is provided by Rep. Don tice because he had concealed from matter. Edwards, Chairman of the Subcommittee on the grand jury a certain phone call July 18, 1984: Judge Nixon voluntarily ap­ Civil and Constitutional Rights.] from Judge Nixon to Wiley Fairchild peared to testify before grand jury. The three proposed Articles of Impeach­ about the Drew Fairchild case. Holmes July 18/19, 1984: Wiley Fairchild testified ment allege a total of 14 false statements by pleaded guilty to criminal contempt before grand jury. Judge Nixon, seven in an April 1984 inter­ and was sentenced to a $10,000 fine July /Sept., 1984: Bud Holmes testified view with federal investigators and seven in and 1 year in prison, which he didn't before grand jury. his July 1984 testimony before the grand November, 1984: Wiley Fairchild pled jury. Articles I and II focus on Judge serve. guilty to illegal gratuity charge. Appeared Nixon's grand jury testiomy that led to his You will read in the addendum the again before the grand jury and described perjury convictions. Article III includes the details backing up each of the charges his contacts with Judge Nixon concerning testimony set forth in Articles I and II, as in the impeachment resolution, such the Drew Fairchild case. well as other statements made by Judge as: January, 1985: Carroll Ingram told Wein­ Nixon in the interview and to the grand Wiley's meeting with Nixon when garten about phone call from farm. jury that the Subcommittee believes are Wiley told the judge he was upset February, 1985: Holmes vaguely admitted false. about the way Bud Holmes was han­ to grand jury that phone call had been Each of the 14 false statements alleged in made, but tried to cover it up. the Articles is, in one form or another, a cat­ dling Drew's drug case. March 29, 1985: Holmes indicted from ob­ egorical denial by Judge Nixon of any Wiley's complaint to Nixon that struction of justice for concealing phone knowledge of or involvement in a state Holmes was blackmailing him. calls and four perjury counts. criminal drug smuggling prosecution of Nixon's telling Holmes about Wiley's June, 1985: Bud Holmes pled guilty to con­ Drew Fairchild. Drew is the son of Wiley complaint. tempt. Reappeared before the grand jury, Fairchild, a prominent Mississippi business­ Holmes telling Nixon a deal had al­ apologized for covering up the phone call man who afforded Judge Nixon a lucrative ready been worked out to help Drew. and described Nixon's involvement in the investment. The state prosceutor in the Drew Fairchild case. Drew Fairchild case was Paul H. A telephone call to Wiley from both July 11, 1985: Drew Fairchild sentenced in Holmes, a long-time friend of Judge Nixon. Nixon and Holmes about Drew's case. federal court to six months imprisonment Carroll Ingram was Wiley Fairchild's attor­ Carroll Ingram's testimony that and 2112 years probation for his involvement ney and also a close friend of the Judge. Nixon told him that Wiley had asked in the drug conspiracy. During the interview and in his grand jury Judge Nixon to speak to District At­ August 29, 1985: Grand jury indicted testimony Judge Nixon denied that he ever torney Holmes about Drew's case. Judge Nixon on four <4> counts. talked about or discussed the Drew Fair­ The committee is confident that the Sept. 18, 1985: Wiley Fairchild sentenced child case with Bud Holmes. Judge Nixon documentation supplied to you clearly in federal court on illegal gratuity count to also denied that Wiley Fairchild ever men­ 2 years, with 22 months suspended. tioned his son or the drug case. However, supports each and every charge of the Dec. 11, 1985: Bud Holmes sentenced to the Subcommittee heard testimony from impeachment resolution. one year plus $10,000 fine. Messrs. Fairchild, Holmes and Ingram that This pattern of lies, concealment January, 1986: Judge Nixon's trial began. Judge Nixon did, in fact, talk about the and deceit on the part of Judge Nixon By this time he had received over $60,000 in Drew Fairchild drug case with Mr. Fairchild led the committee, by clear and con- royalties. and Mr. Holmes, and that the Judge influ-

29-059 0-90-12 (Pt. 7) 8818 CONGRESSIONAL RECORD-HOUSE May 10, 1989 enced the handling of the case. Even more about that and what you just told me. Abso­ with the Fairchild-Nixon investment and important, in contrast to his interview state­ lutely no. the handling of the Drew Fairchild drug ments and grand jury testimony, Judge • • • • prosecution. Judge Nixon appeared volun­ Nixon himself now admits that he spoke Q. I mean, I, our earnest desire is to wrap tarily and testified under oath on July 18, with Wiley Fairchild and Bud Holmes about this end of it-- 1984, the first day the grand jury was con­ Drew Fairchild and the drug case. Judge NIXON. I understand-- vened. Judge Nixon retained counsel prior The facts presented to the Subcommittee Q. Completely, and often times judges are to his grand jury appearance, and was rep­ can be briefly summarized as follows: victimized by others-- resented by counsel at the time of his testi­ I. IN HIS APRIL 1984 INTERVIEW WITH FEDERAL Judge NIXON. Yeah, well, I don't-- mony. INVESTIGATORS JUDGE NIXON DENIED ANY IN­ Q. I mean, you're a savvy guy. You know Judge Nixon was convicted of making a VOLVEMENT IN OR KNOWLEDGE OF THE DREW that this happens. false declaration before the grand jury,1 FAIRCHILD DRUG CASE Judge NIXON. Well, I don't know about felony and a form of perjury, for the follow­ that part of it, but all I know is ah nothing ing testimony before the grand jury: Judge Nixon was advised prior to and Q. The grand jury has heard evidence during the interivew that the investigation was done or nothing was ever mentioned about Wiley Fairchild's son, and I defy any­ that the prosecutor, the state prosecutor, was examining Judge Nixon's investment who eventually handled the case was an in­ with Wiley Fairchild and the unusual han­ body to, and I say defy, I don't mean . In addition, to establish this offense, the Judge NIXON. Not to my recollection. I false statements must be material to the grand II. IN HIS JULY 1984 GRAND JURY TESTIMONY jury's investigation. At Judge Nixon's trial the think I would recall that. UNDER OATH, JUDGE NIXON AGAIN DENIED ANY question of materiality was resolved out of the • • • • • INVOLVEMENT IN OR KNOWLEDGE OF THE presence of the jury by the trial judge. On appeal DREW FAIRCHILD DRUG CASE Judge Nixon did not challenge the correctness of Q. Does he [Drew Fairchild] work with the trial court's ruling that the subject matter of his father? In the summer of 1984 a special federal Judge Nixon's statements to the grand jury was, as Judge NIXON. I have no idea. Didn't even grand jury was empaneled in Hattiesburg to a matter of law, material to the grand jury's inves­ know he existed, except from what I read investigate possible criminality associated tigation. 816 F.2d at 1029. May 10, 1989 CONGRESSIONAL RECORD-HOUSE 8819 way influence anybody with respect to this cifically wanted Mr. Holmes to take care of talking to this evening? . . . I'm in his case. Didn't know anything about it until I his son's case as promised, and sought out house, and everything (is) going to be taken read that account in the newspaper. Didn't Judge Nixon because of the Judge's previ­ care of to your satisfaction." Thereafter, ac­ even know Mr. Fairchild had a son when I ous offer of help-"If I can ever help you I cording to Mr. Fairchild, Bud Holmes got on was dealing with him in the business trans­ will and if I can't, I'll just tell you I can't"­ the line and said, "Wiley, when this man action. and because he knew Judge Nixon and Mr. asks me to do something, I don't ask no So I want to say that because I under­ Holmes were very good friends. questions, I just go ahead and do it." stand that's what this is all about. The in­ Judge Nixon visited Wiley Fairchild's In his trial testimony Wiley Fairchild spe­ vestigation is apparently, if the news media office in Hattiesburg for a fifteen or twenty­ cifically recalled that Judge Nixon was on is correct, and if I understand it correctly, minute meeting. Wiley Fairchild cannot the phone first. Mr. Fairchild testified that that's what this is about, the Drew Fair­ recall when this meeting occurred, although this call made him very happy because it child criminal case. he testified at Judge Nixon's trial that it oc­ meant that his son's case was "done away The Committee learned, through its inde­ curred before he learned his son's case had with once and for all." The next thing he pendent inquiry, that this closing statement been passed to the file. At the meeting, recalled about his son's case was that it was to the grand jury was not spontaneous, but Wiley Fairchild told the Judge he was being passed to the file. was prepared in writing by Judge Nixon blackmailed by Mr. Holmes and possibly Mr. Holmes' recollection of the phone call prior to his grand jury appearance. Carroll Ingram concerning the handling of in his trial testimony was similar to Wiley In addition to the foregoing grand jury Drew's drug case. Mr. Fairchild emphasized Fairchild's-that Judge Nixon placed the testimony that was the focus of criminal the unfairness of his son's predicament com­ call and told Mr. Fairchild, "I'm out at his charges and led to his convictions, Judge pared to the treatment of Robert Royals. farm and he tells me your son isn't going to Nixon described to the grand jury his meet­ Wiley Fairchild told Judge Nixon, ". . . if jail, and I just wanted to call and tell you ings with Wiley Fairchild as follows: they will go ahead and prosecute Bob that." According to Mr. Holmes, Judge Q. If the first meeting [with Wiley Fair­ Royals they won't hear a damn word out of Nixon then went on to thank Wiley Fair­ child] produced the deal, what would the me. He's guilty and my son's guilty, but I other meetings have been for? child for the profitable oil investment op­ just don't like them picking on my son be­ portunity. Mr. Holmes testified that he then Judge NIXON. I met with him several cause I got money." Mr. Fairchild does not times. One time he told me that he thought took the phone and told Mr. Fairchild he recall Judge Nixon's response to his black­ would pass the case to the file, adding that he was over-maybe overcharging me for mail allegations, other than that the Judge these and would maybe put me in another Judge Nixon should get the credit for help­ may have "grunted a little something or an­ ing Drew. later. He mentioned something about the other." name of a well was-I don't know, remember Carroll Ingram learned of Judge Nixon's Judge Nixon met with Bud Holmes short­ conversations with Bud Holmes and Wiley when this was-it had something to do with ly after hearing of Wiley Fairchild's com­ the name School in the property. But he Fairchild concerning the Drew Fairchild plaints of blackmail in connection with case from all three participants-Wiley never did and there never was any mention Drew's case. Mr. Holmes believes that this of it. Fairchild, Bud Holmes and Judge Nixon occurred on May 14, 1982. himself. Mr. Ingram testified that in the fall And, as I say, I don't know of any reason I According to Mr. Holmes, he and Judge would have met with him after the transac­ of 1982, Wiley Fairchild told him that he Nixon had a couple of drinks at the District had talked to Bud As he did in the interview, in his grand you know, we were. And he said, well, would jury testimony Judge Nixon did not reveal Holmes about the Drew Fairchild case be­ you mind putting in a good word for my cause Wiley Fairchild had asked him to do his meeting with Wiley Fairchild in which boy?" Mr. Holmes testified that Judge Wiley complained he was being "black­ so. Judge Nixon told Mr. Ingram that Mr. Nixon expressly said he did not want Mr. Holmes said he would consider this request mailed" in connection with Drew Fairchild's Holmes to do anything wrong, embarrass­ drug case. Nor did the Judge reveal his visit and that Drew's case "was okay, that there ing, or against his oath of office, but that he was not anything going to happen in Drew to Bud Holmes' farm, the telephone call CNixonl was "just saying that Mr. Fairchild from the farm to Wiley Fairchild about Fairchild's case." asked me to put in a good word." Following his meeting with Judge Nixon Drew's case, and his later conversation with Mr. Holmes testified that he reacted to Carroll Ingram about Drew Fairchild. and the telephone call to Wiley Fairchild these statements for his friend Judge Nixon from the farm, District Attorney Holmes let III. THE TESTIMONY OF WILEY FAIRCHILD, BUD by asking, "What is it you want? You want Drew Fairchild's case "just sit" until he HOLMES AND CARROLL INGRAM CONCERNING an apology? I don't know. What does the passed the case to the file in late 1982 at the JUDGE NIXON'S KNOWLEDGE OF AND INVOLVE­ man want?" When Judge Nixon reiterated end of Judge Weldy's term. Mr. Holmes told MENT IN THE DREW FAIRCHILD CASE that he was simply "putting in a good word" the Subcommittee that he planned on Drew Fairchild's drug prosecution gener­ and not asking Mr. Holmes to do anything, sweeping Drew's case "under the rug" in ated a great deal of negative publicity in Mr. Holmes responded, ". . . hell, I'm Dis­ part because of his discussion with Judge Hattiesburg. It was a source of embarrass­ trict Attorney, I'll pass it to the files." Nixon and promise to Wiley Fairchild. Mr. ment and humiliation to Wiley Fairchild, Judge Nixon then told him, ". . . I'm not Holmes testified that while Judge Nixon did who was concerned about his family's repu­ asking you to do that. Now I'm not asking not specifically ask him to pass the case to tation. Wiley Fairchild, heard rumors circu­ you to do anything now." the file, the Judge's "putting in a good word lating in Hattiesburg that Drew's case had Bud Holmes testified that after they ar­ for Drew . . . caused enough influence on never been disposed of because his father rived at the farm, he and Judge Nixon con­ me to go ahead and do what I did." Mr. had paid someone a bribe. In addition, tinued to talk about the Drew Fairchild Holmes repeatedly testified, both at trial Wiley Fairchild felt he was being extorted case. Mr. Holmes told Judge Nixon about and before the Subcommittee, that but for in connection with his son's case because of the oral pleas agreement already negotiated Judge Nixon's intervention he would not the treatment of Robert Royals, Drew's co­ with Bill Porter, calling for probation and a have passed the case to the file in December manager at the airport and a participant in fine in exchange for Drew's cooperation. 1982. the smuggling conspiracy. Wiley Fairchild Mr. Holmes testified that after hearing the testified that Mr. Royals told him that Bill terms of Drew's plea arrangement, Judge IV. JUDGE NIXON'S POST-INDICTMENT Porter had said Wiley should "get off his Nixon asked if Wiley Fairchild knew of the TESTIMONY money" to help Drew, who had his "tail in a deal, and said he wished to telephone Mr. In both his April, 1984, interview with law crack." Fairchild and tell him about the arrange­ enforcement authorities and his July, 1984, Convinced that Bud Holmes and possibly ment. Mr. Holmes testified that Judge grand jury testimony under oath, Judge others were "blackmailing" him in connec­ Nixon then telephoned Wiley Fairchild. Nixon made no mention of his meeting with tion with his son's case, Wiley Fairchild Wiley Fairchild confirmed that he re­ Wiley Fairchild where Wiley complained of sought help from Judge Nixon. Mr. Fair­ ceived a telephone call from Judge Nixon being "blackmailed" in connection with child testified that he telephoned Judge around seven o'clock one night. Mr. Fair­ Drew's case, his conversation with Bud Nixon and, when the Judge was unavailable, child had been drinking that evening but re­ Holmes concerning Drew's case, his subse­ left a message asking the Judge to stop by members the call because of its significance. quent telephone call to Wiley Fairchild the W.R. Fafrchild Construction Company Mr. Fairchild testified that Judge Nixon from Mr. Holmes' farm, and his later con­ office in Hattiesburg. Wiley Fairchild spe- said, "Wiley, you know that man we was versation with Carroll Ingram concerning 8820 CONGRESSIONAL RECORD-HOUSE May 10, 1989 Drew Fairchild. It was only during his testi­ Judge Nixon urged the Subcommittee to doubt as to his judicial integrity, un­ mony at his criminal trial, after Mr. Holmes, accept his explanation that his testimony dermined confidence in the integrity Mr. Ingram and Wiley Fairchild cooperated concerning May 14, 1982 was simply an and impartiality of the judiciary, be­ with the government, that Judge Nixon fi­ "honest mistake" rather than deliberately nally acknowledged his participation in false testimony. trayed the trust of the people of the these events. United States, disobeyed the laws of Judge Nixon admits that he met with D 1500 the United States, and brought disre­ Wiley Fairchild at the offices of Fairchild Mr. BROOKS. Mr. Speaker, I yield 8 pute on the Federal courts by consist­ Construction Company, although he claims minutes to the gentleman from Wis­ ently concealing his conversations to have done so not at Wiley's specific re­ consin [Mr. SENSENBRENNER] . with Fairchild and Holmes. Our hear­ quest. Rather, Judge Nixon contends that ings have produced clear and convinc­ he simply stopped by the Fairchild office to Mr. SENSENBRENNER. Mr. Speak­ "keep in touch" with Wiley Fairchild and to er, both the Subcommittee on Civil ing evidence that Judge Nixon lied to discuss the progress of his investment. and Constitutional Rights and the full the law enforcement authorities Judge Nixon also concedes that Wiley Fair­ Judiciary Committee unanimously during the investigation of the crimi­ child raised the subject of "blackmail" in adopted and reported out House Reso­ nal case as well as to the Federal connection with Drew's case, and com­ lution 87. This overwhelming support grand jury. By deliberately attempting plained about the disparate treatment be­ for House Resolution 87 is indicative to conceal his relationships with Wiley tween his son's case and the non-prosecu· of the weight of evidence supporting Fairchild and "Bud" Holmes, Judge tion of Robert Royals, the co-conspirator. the articles of impeachment against Judge Nixon claims that when confronted Nixon thwarted the entire fact finding with Mr. Fairchild's allegation of "black­ Judge Walter Nixon. process by defining the "truth, the mail," he did not probe more deeply because The subcommittee conducted 7 full whole truth, and nothing but the he was "not a law enforcement officer" or days of hearings during which nine truth" as only that which was conven­ Mr. Fairchild's attorney. According to Judge witnesses testified, admitted, and re­ ient for Judge Nixon to disclose at Nixon, Mr. Fairchild's complaints were viewed over 100 exhibits and also ac­ that particular time. "nonsense", but at the same time he was cepted proffers and affidavits of sever­ Why did Judge Nixon lie? In order "shocked" by Mr. Fairchild's story. al other witnesses in lieu of live testi­ to understand the answer to that ques­ Judge Nixon insists that Wiley Fairchild mony. In addition, the subcommittee tion, we must examine the impropriety did not ask him to do anything in connec­ afforded Judge Nixon and his counsel tion with Drew's case. Nevertheless, Judge of Nixon's financial dealings with Nixon admits that "he had the impression" unlimited opportunity to participate Wiley Fairchild. And although the Mr. Fairchild wanted the Judge to speak exhaustively in the hearings. After committee did not propose articles with Mr. Holmes, and Judge Nixon relayed this thorough, objective, and definitive specifically alleging these dealings to Mr. Fairchild's complaints to Bud Holmes review of the facts, the weight of the be impeachable offenses, it does not that very same day, purportedly because evidence against Judge Nixon was sub­ mean we ignored their impropriety. It Mr. Fairchild's blackmail concerns were stantial and it became quite obvious is necessary to examine those dealings "weighing on my [Nixon's] mind." that he could not remain a Federal Judge Nixon denies meeting Mr. Holmes in order to understand why Judge judge. Nixon intentionally concealed and lied at the District Attorney's office, and con­ Articles I and II of the articles of im­ tends he did not drive with Mr. Holmes to about his dealings with Wiley Fair­ the farm. However, the Judge admits meet­ peachment reflect the false state­ child. ing with Bud Holmes at the farm and speak­ ments made by Judge Nixon to the grand jury and which were the basis First, we found Judge Nixon solicit­ ing with Mr. Fairchild on the telephone. ing a lawyer who practiced before him Judge Nixon contends that he did not "dis­ for his conviction on two counts of cuss" the facts of Drew's case and specifical­ perjury. In his appearance before the to put him into a profitable oil deal ly told Mr. Holmes he did not want to dis­ grand jury on July 18, 1984, Judge with that lawyer's client. The result­ cuss the case, but it is undisputed that Nixon testified under oath that Dis­ ing oil deal was extremely question­ Drew's case was the subject of his conversa­ trict Attorney "Bud" Holmes never able and his conduct regarding it un­ tion with Mr. Holmes. Judge Nixon claims discussed the Drew Fairchild case with ethical. He received a sweetheart that Holmes was on the telephone, suddenly him. Moreover, in a lengthy statement deal-not available to the public: Over handed him the phone and said, "here, talk $70,000 in oil royalties on an initial in­ to Wiley Fairchild." Judge Nixon admits offered at the conclusion of his testi­ that during this telephone conversation mony, Judge Nixon told the grand vestment of only $9,500, with no cash Wiley Fairchild told him, "I'm glad you jury that he "had nothing whatsoever, up front; with favorable interest rates mentioned that matter to Bud . . . I'm satis­ officially or unofficially, to do with 5 percentage points lower than banks fied." the Drew Fairchild criminal case in were charging; with oil deeds that Judge Nixon disputes the date of his Federal court or State court, * * * were backdated and did not become ef­ meeting with Wiley Fairchild, his visit to never talked to anyone about the case, fective until the wells actually pro­ Bud Holmes' farm and his telephone call any Pederal judge or State judge, Fed­ duced; with a purchase price three with Mr. Fairchild. Both Bud Holmes and times less than what the wells were Wiley Fairchild have repeatedly placed eral prosecutor or State prosecutor," these events as occurring before Drew's case and "never talked to anyone, State or worth in any arm's length transaction. was passed to the file, and Carroll Ingram Federal, prosecutor or judge, to in any Judge Nixon failed to report the trans­ testified that his conversation with Wiley way influence anybody with respect to action on his financial disclosure for Fairchild about these events took place this case." However, in direct contrast 1980, even though he claims the agree­ before Drew's case was passed to the file. In to Judge Nixon's grand jury testimo­ ment was reached then. Even when he contrast, Judge Nixon contends that these ny, the evidence at trial established, mentioned oil royalties on his 1981 dis­ events took place in March 1983, after through Nixon's own testimony, that closure statement, he failed to disclose Drew's case was passed to the file, such that his dialogue with Bud Holmes and Wiley he was, in fact, involved in the Drew that the royalties and loans came from Fairchild could have played no role in the Fairchild case through meetings first Wiley Fairchild. It wasn't until the Ju­ handling of the Drew Fairchild drug pros­ with Wiley Fairchild and then "Bud" dicial Ethics Committee forced that ecution. Holmes, followed by a telephone con­ disclosure and compelled him to dis­ At trial, Judge Nixon vigorously and re­ versation between Judge Nixon and close his relationship to Fairchild that peatedly denied having been in Hattiesburg Fairchild from Holmes' farm. any potential litigant would have even on May 14, 1982, the date Mr. Holmes be­ Article III is an omnibus article known of that relationship. lieves the phone call may have taken place. which incorporates most of the false And what did Judge Nixon do in Judge Nixon claimed that he was in Biloxi preparing for an asbestos trial. However, or misleading statements made by that regard? Did he recuse himself Judge Nixon's testimony was proven to be Nixon to investigators and the grand from cases where Wiley Fairchild was false during post-trial proceedings. Dental jury, including the two false state­ a party? No! He violated several records confirmed that the Judge received ments specified in articles I and II. It canons of judicial ethics and continued treatment in Hattiesburg on May 14, 1982. alleges that Nixon raised substantial to grant favorable rulings to Fairchild May 10, 1989 CONGRESSIONAL RECORD-HOUSE 8821 in two civil cases during the time he peachment was sent over there last I applaud the efforts by the subcom­ was soliciting and participating in the year, and whether they will have any mittee to provide Judge Nixon and his oil deal with Wiley Fairchild. difficulty at all with this particular counsel with wide latitude to partici­ Therefore, once we understood the proceeding remains to be seen. pate in the hearings. The 7 full days shady nature of his deal with Fair­ The question I pose is that it is prob­ of hearings indicate the seriousness child, we began to see why Nixon lied ably time that we look institutionally with which the subcommittee ap­ in the interview and the grand jury in terms of Federal discipline and re­ proached this matter. about his conversations with Fairchild moval of article III judges whether we In the recent letter sent by Judge and "Bud" Holmes. Throughout both can continue to rely on the process of Nixon's attorney to the Members of proceedings he consciously concealed impeachment. the House of Representatives, Judge his conversations with Fairchild and Nixon requests that any action by the Holmes regarding the prosecution of D 1600 House of Representatives be post­ Fairchild's son. Nixon did play a part I would propose, as I have in this poned until the Fifth Circuit hears in that case in acting as a go-between particular bill, that we have a study the argument concerning his section for his oil patron and the State pros­ for the purposes of the future of the 2255 motion. It is this request that I ecutor and, by his own admission, pur­ removal process, whether we can wish to address. posely concealed it. change the process without constitu­ My colleagues, let us remember that Clearly, the judge is not fit to sit tional amendment, and if a constitu­ Judge Nixon was convicted on two upon the Federal judiciary and we tional amendment is required, do we counts of perjury on February 9, 1986, must perform our constitutional duty need to go that route. Is there any and sentenced to concurrent terms of to impeach him. Once the Supreme 5 years imprisonment on each count. Court denied certiorari on Judge way in which we can provide disincen­ Nixon's appeal, I sent him a letter re­ tives or incentives in terms of retire­ The conviction and sentence were af­ questing that he resign. He has re­ ment of these judges voluntarily. firmed on appeal to the Fifth Circuit, fused to do so, leaving us with im­ These three cases are very much and a rehearing en bane was denied. peachment as the only alternative. Let alike. All three of these judges have The U.S. Supreme Court denied certio­ us get on with this task before he re­ been subject to criminal trials, despite rari. Judge Nixon thereafter filed with turns to the bench. the case of one being exonerated. All the District Court a motion to vacate Mr. BROOKS. Mr. Speaker, I yield 4 three have declined to retire, to yield his conviction and sentence pursuant minutes to the gentleman from Wis­ up their judgeship, forcing us into this to 28 U.S.C. 2255. consin [Mr. KASTENMEIER]. situation; that is, a full-blown im­ The standard applied to section 2255 Mr. KASTENMEIER. Mr. Speaker, I peachment involving both the House hearings is essentially the same as for thank the chairman of my committee, of Representatives constitutionally hearings held on a writ of habeas the gentleman from Texas [Mr. and the Senate. corpus. The petitioner is entitled to BROOKS], for yielding me this time. We have to find, I think, some postconviction relief only if he estab­ Mr. Speaker, I want to say that the answer, since the Federal Judiciary lishes a jurisdictional or constitutional preceding description given the Mem­ today is at nearly 900 article III judges error or an error of law which is so bers .about this case by the chairman and is growing. It is no longer a small fundamental that it inherently results of the Committee on the Judiciary, community of a couple of hundred in a complete miscarriage of justice or the gentleman from Texas CMr. judges, it is a large community. in a proceeding inconsistent with the BROOKS], and by the chairman of the As I understand it, there may be one rudimentary demands of fair proce­ subcommittee who handled the sub­ or two cases on the horizon which may dure. The petitioner has the burden of committee in terms of its deliberations even come to this particular standing proof. all the way through, the gentleman for us as a challenge for us in the The five grounds raised by Judge from California [Mr. EDWARDS], and future. While I would hope not, there Nixon in his section 2255 petition were the gentleman from Wisconsin [Mr. is a distinct possibility that we will as follows: SENSENBRENNER], the ranking minority again be importuned in the near First, the Government's failure to member on that subcommittee, as I future, and it would be our duty to disclose favorable materials before am a member of that subcommittee, I consider this proceeding. trial; can say that the foregoing was an ac­ Therefore, I suggest to the member­ Second, the Government's knowing curate and fair description of this ship in due course we would like a use of false testimony; case. study commission on the future of im­ Third, the Government's failure to Furthermore, I want to compliment peachment under the Constitution. disclose statements of witnesses as re­ the gentleman from California for his Mr. BROOKS. Mr. Speaker, for pur­ quired by the Jencks Act; very careful, fair, deliberate, patient poses of debate only, I yield 6 minutes Fourth, the Government's creation treatment of the case of the impeach­ to the distinguished ranking minority of a perjury trial during the grand ment of Walter Nixon. member, the gentleman from New jury proceedings; and Mr. Speaker, I should make the ob­ York, Mr. HAMILTON FISH. Fifth, the Government's prosecuto­ servation, however, that it is the third Mr. FISH. Mr. Speaker, I thank my rial abuse and misconduct. judicial impeachment in less than 3 friend, the chairman of the Judiciary U.S. District Court Judge John F. years. I handled the first one, that of Committee, for yielding time to me. Nangle conducted 2 days of hearings Harry Claiborne, a judge in the State Mr. Speaker, I would like to com­ in August, 1988, during which he of Nevada, in 1986. Last year we had mend the gentleman from California heard the actual testimony of Wiley the impeachment of Alcee Hastings, a CMr. EDWARDS] and the gentleman Fairchild and other witnesses called by judge in the State of Florida, handled from Wisconsin [Mr. SENSENBRENNER] , Nixon. On December 19, 1988, Judge by the gentleman from Michigan [Mr. as well as the other members of the Nangle issued a 59-page opinion in CONYERS]. The point I am trying to Subcommittee on Civil and Constitu­ which he concluded Judge Nixon's make is that we have had three im­ tional Rights for their capable direc­ motion was without merit. This deci­ peachments of judicial personnel in tion of the investigation into the alle- . sion has been appealed to the Fifth just 2 or 3 years. gations against Chief Judge Walter L. Circuit Court of Appeals. The Fifth The burden on the other body is evi­ Nixon, Jr. Through this distressing Circuit has advised Judge Nixon that dent. They have not even had their process, they worked closely together it will hear argument in June 1989. evidentiary committee panels meeting in a bipartisan effort to conduct a Mr. Speaker, for the following rea­ and presume to do so, I believe, in the thorough, fair, and objective review of sons, I submit it is neither wise nor month of July even though that im- the facts. prudent to delay the impeachment 8822 CONGRESSIONAL RECORD-HOUSE May 10, 1989 proceedings any further to await the tives needs to act on House Resolution tleman from California [Mr. ED­ Fifth Circuit's action on this matter. 87 as soon as possible, especially to WARDS], chairman of the subcommit­ First, the issues in the section 2255 prevent Judge Nixon from returning tee, and vote to impeach Judge Nixon. proceeding simply are not dispositive to the bench in November 1989, when Mr. BROOKS. Mr. Speaker, I yield 5 of the substance of the Articles of Im­ he will be eligible for parole. minutes to the distinguished gentle­ peachment in H. Res. 87. For instance, As a convicted felon, Judge Nixon man from Florida [Mr. JAMES]. whether a witness was given improper would be allowed to sit as a judge in a Mr. JAMES. Mr. Speaker, today the inducements by a prosecutor goes to the question of the fair­ occurring and urge you to vote for im­ leged position as a U.S. district judge. ness of the criminal trial. That is a peachment of Judge Nixon. Judge Nixon is only the second Feder­ question for the courts to resolve, not Mr. BROOKS. Mr. Speaker, I yield 2 al judge in U.S. history to be convicted Congress. The only issue before Con­ minutes to the distinguished gentle­ of crimes while in office. The first, gress is whether, as alleged in the Arti­ man from New York [Mr. SCHUMER], a Harry Claiborne, was impeached by cles, Judge Nixon lied to investigators member of the committee. the House and removed from office by and to the grand jury. The Articles of Mr. SCHUMER. Mr. Speaker, first, the Senate in 1986. Impeachment are based on Judge on this unhappy occasion, I think It's been well over a year since Judge Nixon's own words, not those of Members on both sides of the aisle Nixon exhausted his appeal to the others-first before investigators and want to commend the chairman of our U.S. Supreme Court and the Judicial the grand jury and second in his own subcommittee, the subcommittee on Conference certified to this House criminal trial. The Articles of Im­ which I used to sit, the gentleman that impeachment may be warranted. peachment were crafted in such a way from California [Mr. EDWARDS] for his It is now time to move forward with­ as to avoid reliance upon the other leadership on what proved to be a tre­ out any further delay. witnesses in the trial, such as Wiley mendously difficult issue for the sub­ Judge Nixon was convicted of perju­ Fairchild and Bud Holmes, and thus committee. He was judicious, he was ry; he lied to a Federal grand jury. impeachment would still be appropri­ careful, he was fair, he was thorough, ate whatever the ultimate result of he was really exemplary, and I think There is no crime more heinous to the the Fifth Circuit. integrity of the judicial process than the gentleman from California [Mr. perjury. Second, the issue in the section 2255 EDWARDS] deserves all of the credit in proceeding concerning the recantation the world. How can we expect the American of Wiley Fairchild's testimony is also Our subcommittee held numerous people to have any trust in the hones­ not dispositive of the Articles of Im­ hearings and spent hours and hours ty and impartiality of a judge who has peachment. Wiley Fairchild's testimo­ debating the issues before us. The de­ been convicted of and imprisoned for ny has changed concerning the date a cision that we have come to did not perjury? They cannot. Judge Nixon conversation might have occurred be­ come lightly, and Chairman EDWARDS must be impeached. tween Wiley Fairchild and Judge gave Judge Nixon every opportunity Since his indictment in 1985, Judge Nixon. However, Judge Nixon is to present his version of the facts. Nixon has not presided over any cases. charged in the articles with lying When I first reviewed the case I was Yet since his conviction in February about the fact of that conversation, not convinced that the judge's convic­ 1986, he has received over $286,000 in not the date of it. Therefore, even if tion was meritorious and, in fact, I had salary which he continues to draw one accepts the recanted version of to spend days and days wrestling in even while in prison. Wiley Fairchild's testimony, Nixon my mind with what we should do by As a result of his crime of deceit, he would still be guilty of lying about it not impeaching a judge who had been was suspended from the practice of occuring at all. He would be guilty of convicted of crimes in our courts. But law in Mississippi and Louisiana, yet the false statements alleged in the ar­ the subcommittee did not accept he has told the Judiciary Subcommit­ ticles of impeachment. Judge Nixon's conviction on its face, tee on Civil and Constitutional Rights Third, the section 2255 petition filed my colleagues. In other words, we did that he intends to return to the bench by Judge Nixon is not an exclusive not just look at the record and make when he is released from prison, avenue of appeal. The statute allows our judgment. which will be in just a few months. We for motions to be filed under section cannot allow this to happen. 2255 as long as the petitioner is incar­ D 1610 The articles of impeachment ap­ cerated and so long as the petitioner The subcommittee reviewed the con­ proved by the Judiciary Committee alleges new grounds for relief. Thus, viction de novo and what we found the were carefully crafted and considered postponing action by the House now deeper and deeper we looked, with the after many months of independent in­ does not guarantee this would be the help of our able counsel, was that the vestigation, document review, and tes­ last section 2255 petition filed by article of impeachment was on all timony. The committee intentionally Judge Nixon. Additionally, if the Fifth fours with the judge's misconduct. crafted articles which deal only with Circuit rules against the judge and af­ In other words, ladies and gentle­ actual false statements made by Judge firms the district court, Judge Nixon man, many of us started out extremely Nixon. The falsity of these statements will no doubt ask the House of Repre­ skeptical. It is a case where some of can be proven by simply reviewing sentatives for another delay while an the charges were dropped and the only what Judge Nixon told investigators appeal is pending before the Supreme conviction was for perjury. and the grand jury prior to his indict­ Court. Perjury, of course, is a very difficult, ment, and comparing it to his testimo­ In conclusion, Mr. Speaker, it is not difficult thing to decide; but as we ny at trial, and before the House Judi­ in the interests of justice to postpone looked and examined all of the records ciary Subcommittee. action on House Resolution 87 because and in fact found many things that Let me provide an example: Judge of Judge Nixon's section 2255 peti­ were not in the record it became very Nixon told investigators in April 1984 tions. The House Judiciary Committee clear to us that this impeachment was that he knew of no reason he would has been excruciatingly patient in meritorious. have met with Wiley Fairchild after waiting not only for all the avenues of My colleagues, in conclusion, im­ February 1981, and that Mr. Fairchild appeal to be exhausted, but also for peachment is a grave issue. In this never brought up the subject of his the district court to rule in the section case it is deserved. son's drug-smuggling case. Yet when 2255 proceeding. Further delay serves Mr. Speaker, I urge my colleagues to Judge Nixon testified at his trial and no purpose. The House of Representa- follow the thoughtful lead of the gen- before the House Judiciary Subcom- May 10, 1989 CONGRESSIONAL RECORD-HOUSE 8823 mittee on Civil and Constitutional as it were, on our own. He was first Beilenson Foley Lewis Bennett Ford Lightfoot Rights he said he did meet with Wiley judged by his peers, not only in a Bentley Ford CTN> Lipinski Fairchild after February 1981, and Mr. court of law, but judged by his judicial Bereuter Frank Livingston Fairchild had brought up the subject peers. It is their inquiry, their sugges­ Berman Frost Lloyd Bevill Gallegly Long of his son's case, claiming that "Bud" tion, their referral to the House of Bil bray Gallo Lowery Holmes, and possibly others, were Representatives, to the Congress of Bilirakis Garcia Lowey blackmailing Wiley Fairchild in the the United States which resulted in Bliley Gaydos Luken, Thomas handling of the case. Boehlert Gejdenson Lukens, Donald this hour of impeachment here and Boggs Gekas Machtley Simply by comparing and contrast­ now. Bonior Gephardt Madigan ing Judge Nixon's own words, you can So he was judged by judges, his Borski Gibbons Manton see that his statements are inconsist­ peers, and they said to us in the House Bosco Gillmor Markey ent. The case is as simple as that. Boucher Gilman Marlenee of Representatives, "Do what you will Boxer Gingrich Martin Judge Nixon lied-and he lied repeat­ under the constitutional duty that be­ Brennan Glickman Martin edly and intentionally. Although the falls upon you." Brooks Gonzalez Martinez process of impeaching a Federal judge Judge Nixon must be impeached. Broomfield Goodling Matsui is cumbersome and even distasteful, Browder Gordon Mavroules Mr. BROOKS. Mr. Speaker, I yield 1 Brown Goss Mazzoli we must proceed with due haste. It is minute to the distinguished gentleman Brown CCO> Gradison McCandless our constitutional duty. from Illinois CMr. HYDE]. Bruce Grandy Mccloskey Mr. BROOKS. Mr. Speaker, I yield 3 Bryant Grant McColl um Mr. HYDE. I thank the distin­ Bunning Gray McCrery minutes to the gentleman from Penn­ guished chairman. Burton Green Mccurdy sylvania [Mr. GEKAS]. Mr. Speaker, I just listened with Bustamante Guarini McDade Mr. GEKAS. Mr. Speaker, I thank great interest to my subcommittee Byron Gunderson McDermott the chairman of the Committee of the Callahan Hall McEwen chairman, the gentleman from Wis­ Campbell Hall McGrath Judiciary for this opportunity to speak consin [Mr. KASTENMEIER]' discuss Campbell Hamilton McHugh on this important issue. quite properly the complexities and Cardin Hammerschmidt McMillan To judge a judge or not to judge a the cumbersomeness of having to im­ Carper Hancock McMillen judge, that is the ·question before us. Carr Hansen McNulty peach Federal judges, to remove them Chandler Harris Meyers The impeachment proceedings as out­ from the bench, in appropriate situa­ Chapman Hastert Mfume lined in the Constitution are the sole tions. Clarke Hatcher Michel means by which America, our Nation, Clay Hawkins Miller We have had three similar situations Clement Hayes UL> Miller can look to the questions of the con­ confront us in the space of the last Clinger Hayes Miller duct of a Federal judge. couple of years. Coble Hefley Mineta So that duty, falling upon us, is I just have a benign suggestion to Coelho Hefner Moakley being exercised here today, but not Coleman Henry Mollohan the upper chamber, the other ·body, Coleman Herger Montgomery isolatedly not without precedent, not which has the constitutional responsi­ Collins Hertel Moody without evidence but through a pro­ bility to provide advice and consent on Combest Hiler Moorhead ceeding which allowed for the careful Conte Hoagland Morella these various nominees: I think, and I Conyers Hochbrueckner Morrison consideration of the issues as was out­ suggest this with great respect, if they Cooper Holloway Morrison CW A) lined heretofore and was carried out would spend more time on the charac­ Costello Hopkins Mrazek by the subcommittee and the full ter of the nominees rather than their Coughlin Horton Murphy Committee on the Judiciary. Cox Houghton Murtha ideology perhaps the quality of justice Coyne Hoyer Myers But there is an aspect of this that might be improved. Craig Hubbard Nagle the public should know that has been Mr. Speaker, I yield back the bal­ Crane Huckaby Natcher mentioned but should be made clear in Crockett Hughes Neal ance of my time. Dannemeyer Hunter Neal the CONGRESSIONAL RECORD. That is Mr. BROOKS. Mr. Speaker, I move Darden Hutto Nelson this: That no matter what judicial pro­ the previous question on the commit­ Davis Hyde Nielson ceedings, courts of law, or other meth­ tee amendment in the nature of a sub­ de la Garza Inhofe Nowak odologies in which the judge in this DeFazio Ireland Oakar stitute and on the resolution. Dellums Jacobs Oberstar case or other judges in other impeach­ The previous question was ordered. Derrick James Obey ments were first considered, like a trial The SPEAKER pro tempore. The DeWine Jenkins Olin in criminal court, the subcommittee in Dickinson Johnson Ortiz question is on the committee amend­ Dicks Johnson CSD) Owens Oxley of a judicial proceeding and begin to nature of a substitute was agreed to. Donnelly Jones Packard analyze this case and the facts therein Dornan Jontz Pallone The SPEAKER pro tempore. The Douglas Kanjorski Parker on its own, as was mentioned, de novo question is on the resolution, as Downey Kaptur Parris from the beginning, as if a judicial amended. Dreier Kasich Pashayan proceeding had never occurred at all. Duncan Kastenmeier Patterson The question was taken; and the Durbin Kennedy Paxon That is to the everlasting credit of Speaker pro tempore announced that Dwyer Kennelly Payne the procedures that we follow here in the ayes appeared to have it. Dyson Kildee Payne Kolter Penny this particular subcommittee which nays. Edwards Kostmayer Perkins saw its duty and did it notwithstand­ The yeas and nays were ordered. Emerson Kyl Petri ing the court's results. Engel LaFalce Pickett The vote was taken by electronic English Lagomarsino Pickle That is important for the people of device, and there were-yeas 417, nays Erdreich Lancaster Porter our Nation to recognize that we, in the 0, not voting 17, as follows: Espy Lantos Poshard following of our own guidelines, take Evans Laughlin Price pains to protect the rights of the [Roll No. 501 Fascell Leach UA> Pursell Fawell Lehman Quillen person targeted for impeachment. YEAS-417 Fazio Lehman Rahall There is one other facet to all of this Ackerman Anthony AuCoin Feighan Leland Rangel that must be recognized by the public, Akaka Applegate Baker Fields Lent Ravenel Alexander Archer Ballenger Fish Levin Ray that we did not reach down into the Anderson Armey Bartlett Flake Levine Regula circuit where this judge was plying his Andrews Aspin Barton Flippo Lewis Rhodes judgeship and bring him to our court, Annunzio Atkins Bates Foglietta Lewis Richardson 8824 CONGRESSIONAL RECORD-HOUSE May 10, 1989 Ridge Skaggs Tauzin PERSONAL EXPLANATION Mr. BROOKS (during the reading). Rinaldo Skeen ThomasCCA> Mr. SLATIERY. Mr. Speaker, on May 10, I Ritter Skelton ThomasCGA> Mr. Speaker, I ask unanimous consent Roberts Slaughter Thomas was unavoidably absent for vote No. 50, that the resolutions be considered as Robinson Slaughter CV A) Torres adoption of the resolution to impeach Federal read and printed in the RECORD. Roe Smith Towns District Court Judge Walter L. Nixon of Missis­ Rogers Smith CIA> Traficant The SPEAKER pro tempore. Is Rohrabacher Smith CMS> Traxler sippi. I was absent due to a meeting of the there objection to the request of the Rose Smith Unsoeld House-Senate conferees on the fiscal year gentleman from Texas? Rostenkowski Smith Upton 1990 budget resolution. Had I been present, I There was no objection. Roth SmithCTX> Valentine would have voted "yea,'' in favor of the im­ Roukema SmithCVT> Vander Jagt The SPEAKER pro tempore. The Rowland Smith, Denny Vento peachment of Judge Nixon. gentleman from Texas [Mr. BROOKS] Rowland Visclosky Russo Smith, Robert Volkmer is recognized for 1 hour. Sabo Vucanovich Mr. BROOKS. Mr. Speaker, these three res­ Saiki Smith, Robert Walgren olutions are the customary resolutions neces­ Sangmeister Walker APPOINTING MANAGERS AND Sarpalius Snowe Walsh PROVIDING CERTAIN AUTHORI­ sary in order for the House to proceed with Savage Solarz Watkins TIES AND PROCEDURES FOR the impeachment trial of Judge Walter L. Sawyer Solomon Waxman Nixon. Saxton Spence Weber THE TRIAL OF THE IMPEACH­ Schaefer Spratt Weiss MENT OF WALTER L. NIXON, JR. The House must appoint managers for the Scheuer Staggers Weldon Mr. BROOKS. Mr. Speaker, I offer conduct of the impeachment trial in the Schiff Stallings Wheat Senate, advise the Senate of the appointment Schneider Stangeland Whittaker three privileged resolutions CH. Res. Schroeder Stark Whitten 150, H. Res. 151, and H. Res. 152), and I of those managers, and authorize those man­ Schuette Stearns Williams ask unanimous consent that they be agers to expend funds, to employ staff, send Schulze Stenholm Wilson considered en bloc. for persons and papers, and to take such Schumer Stokes Wise Sensenbrenner Studds Wolf The SPEAKER pro tempore. Is there other actions as are necessary for the con­ Sharp Stump Wolpe objection to the request of the gentle­ duct of the trial. The managers for the trial will Shaw Sundquist Wyden man from Texas? be DON EDWARDS, the chairman of the sub­ Shays Swift Wylie Shumway Synar Yates There was no objection. committee that handled the matter, JIM SEN­ Shuster Tallon Yatron The SPEAKER pro tempore. The SENBRENNER, the ranking minority member of Sikorski Tanner YoungCAK> Clerk will report the resolutions. the subcommittee, BILL DANNEMEYER, BEN Sisisky Tauke YoungCFL> The Clerk read as follows: CARDIN, and myself. NAYS-0 H. Res. 150 These three resolutions accomplish those NOT VOTING-17 objectives. I would point out to my colleagues Resolved, That Mr. Brooks, Mr. Edwards Barnard Dymally Pepper that these are the resolutions which are cus­ Bateman Florio Roybal of California, Mr. Cardin, Mr. Sensenbren­ Buechner Frenzel Slattery ner, and Mr. Dannemeyer, Members of the tomarily adopted by the House, subsequent to Courter Leath Torricelli House of Representatives, are appointed an impeachment. DeLay Molinari Udall managers to conduct the impeachment trial The SPEAKER pro tempore. With­ Dorgan Panetta against Walter L. Nixon, Jr., a judge of the out objection, the previous question is 0 1638 United States District Court for the South­ ordered on the resolution. Mr. BERMAN changed his vote ern District of Mississippi. There was no objective. from "nay" to "yea." H. RES. 151 The resolutions were agreed to. So the resolution, as amended, was Resolved, That the managers on the part A motion to reconsider was laid on agreed to. of the House of Representatives in the the table. The result of the vote was an­ matter of the impeachment of Walter L. nounced as above recorded. Nixon, Jr., a judge of the United States Dis­ A motion to reconsider was laid on trict Court for the Southern District of Mis­ AUTHORIZING PAYMENT OF the table. sissippi, are authorized to do the following CERTAIN EXPENSES FROM in the preparation and conduct of the im­ AMOUNTS AVAILABLE TO THE GENERAL LEAVE peachment trial: COMMITTEE ON THE JUDICI­ <1) To employ legal, clerical, and other Mr. BROOKS. Mr. Speaker, I ask necessary assistants and to incur such other ARY AND RELEASING CERTAIN unanimous consent that all Members expenses as may be necessary, to be paid MATERIALS RELATING TO may have 5 legislative days within from amounts available to the Committee COMPLAINTS AGAINST ALCEE which to revise and extend their re­ on the Judiciary under clause 5(f} of Rule L. HASTINGS XI of the Rules of the House of Representa­ marks on the resolution just agreed to. Mr. BROOKS. Mr. Speaker, I offer The SPEAKER pro tempore of title 28, United My bill responds to the need for the research and development that is" and States Code, but not previously released America to compete in the rapidly inserting "carry out", under section 372(c)(14) of such title, are, to changing high technology market­ (2) in paragraph <2>- the extent ordered by the Chairman of the place, which includes such areas as su­ (A) by striking "production or" in each Committee on the Judiciary, released under perconductivity, high definition televi­ place it appears, such section 372<14>. sion, robotics, and computer-aided by adding ", distribution, or sale" after Mr. BROOKS (during the reading). design and manufacturing. the word "marketing" in each place it ap­ Mr. Speaker, I ask unanimous consent In recent years, Congress has taken pears, and by inserting", copyrighted work, know that the resolutions be considered as a series of legislative steps aimed at re­ how," after "patents", and read and printed in the RECORD. forming the Federal antitrust laws to (3) in paragraph <3> by striking "other re­ The SPEAKER pro tempore. Is increase America's ability to compete search and development activities" and in­ there objection to the request of the with Japan and with the European serting "any other joint research, develop­ gentleman from Texas? Common Market. Joint production ment, or production venture activity". There was no objection. ventures would be a giant step in this (d) TECHNICAL AMENDMENTS.-0) Section 3 The SPEAKER pro tempore. The important legislative evolution. The of the National Cooperative Research Act of gentleman from Texas [Mr. BROOKS], passage of the Export Trading Compa­ 1984 <15 U.S.C. 4302) is amended by striking chairman of the Committee on the Ju­ ny Act in 1982 and the National Coop­ "research and development markets" and diciary, is recognized for 1 hour. inserting in lieu thereof "research, develop­ erative Research Act in 1984 encourag­ ment, or product markets", and Mr. BROOKS. Mr. Speaker, I yield ing joint research and development <2) Section 6 of the National Cooperative myself such time as I may consume. are earlier examples of this trend. Research Act of 1984 05 U.S.C. 4305) is Mr. Speaker, the first resolution re­ Joint production will allow American amended- lates to funding for the impeachment companies-both large and small-to in the heading by striking "Research trial in the Senate of Judge Alcee pool their resources and talents in a Development, or Production". and Hastings. This resolution merely clari­ more efficient way. American compa­ in subsection by inserting "(or, fies the managers' spending authority. nies would be given the flexibility to with respect to a venture involving the pro­ The second resolution provides au­ cooperate along the lines of the Japa­ duction of any product or process, not later thorization for the release of certain than 90 days after the effective date of the nese corporate production model, Cooperative Productivity and Competitive­ materials submitted to the House of without sacrificing American individ­ ness Act of 1989") after "Act". Representatives pursuant to the judi­ uality of initiative. By allowing Ameri­ cial discipline statute. Under that law, can companies to jointly manufacture materials submitted to the House are products, but then separately distrib­ ADVANTAGES OF COMBINED confidential unless the House specifi­ ute and market those products, the CHILD SURVIVAL FUND AND cally authorizes their release by reso­ proconsumer aspects of the antitrust HEALTH ACCOUNT IN FOREIGN lution. The House passed such a reso­ laws are preserved. AID AUTHORIZATION lution in the lOOth Congress. This res­ Relaxation of antitrust barriers to olution provides the same authoriza­ our competitiveness has been favor­ by striking "or", immunization of children against the Mr. FISH. Mr. Speaker, the Cooper­ (2) in subparagraph - common but preventable childhood ative Productivity and Competitive­ by striking "(E)" and inserting "CF)", diseases such as pertussis, diphtheria, ness Act of 1989-H.R. 2264, which I and tetanus, measles, polio, and tuberculo­ have introduced would allow American by striking "and " and inserting sis. Child survival activities have a companies to jointly operate manufac­ "(D), and CE)'', proven track record and, while we still turing and production facilities with­ <3) by inserting after subparagraph CD) have much work to do, the accom­ the following: out fear of violating the Federal anti­ "CE> the production or manufacture of plishments to date are encouraging: trust laws. any product or process in a jointly owned or More than 50 percent of children in Since 1981, our Nation has suffered operated facility, or", and developing world are vaccinated a net loss of 700,000 manufacturing <4> in the matter following subparagraph against the major childhood diseases. jobs-many of them to foreign com- CF), as so redesignated, by inserting "devel- This is up from less than 5 percent in 8826 CONGRESSIONAL RECORD-HOUSE May 10, 1989 1974. Such immunizations have result­ child survival activities has actually for 1 minute and to revise and extend ed in the saving of 1.5 million chil­ decreased since fiscal year 1987 even his remarks.) dren's lives per year. though there has been overwhelming Mr. OWENS of Utah. Mr. Speaker, I Twenty-five percent of the families support for this project both in the am today introducing legislation in the developing world use oral rehy­ Foreign Affairs Committee and the which addresses a serious inequity in dration therapy and an estimated full House of Representatives. The the system of Medicare physician re­ 750,000 deaths from this common ill­ funding for the activities has been imbursement. Under the present for­ ness are prevented each year. spread over as many as seven accounts, mula, Medicare reimburses physicians Mr. Speaker, as a matter of fact, I making the accounting for spending a different amount, depending on had the privilege of participating in levels very confusing and often mis­ their geographic location around the two immunization days in Central leading. The child survival fund itself country. Studies have shown that America in 1985 and 1987. Remark­ has only provided 39 percent of the Medicare makes substantial differ­ ably, in 1985, a cease-fire in the civil funds of the global activities, with the ences of payments for the same sur­ war in El Salvador was accomplished health account providing as much as gery and care, depending on where the and well over 200,000 children were 33 percent. physician lives, disparities which immunized in 1 day. I have personally As you know, Mr. Speaker, the cannot be justified by differences in witnessed the phenomenal effects of House Foreign Affairs Committee has the cost of providing care. Our current ORT-a dose which can literally save been diligently working to rewrite, system is completely out of whack, the child's life in only a matter of streamline and generally clean up the and doctors and their elderly patients hours and costs only pennies. A scien­ Foreign Assistance Act of 1961. During in Utah in various regions around the tific combination of salts and minerals, markup of the revised bill, I plan to country, are being discriminated ORT has become known as a miracle offer an amendment similar to the bill against. As a result, quality care for worker in the health field. we are introducing today. I believe a senior citizens in Utah and in many While the health account provides combined child survival/health ac­ other States is being jeopardized. We as much as 33 percent of funds for count will help meet the objectives of child survival activities, the health ac­ must do something, about that gross the rewrite by reducing the number of unfairness, and that something is, to count helps fund primary health care, functional accounts, cutting a number water and sanitation projects, and pass my bill. of earmarks, setting a priority for The 1988 Physician Payment Review insect or organism-borne disease treat­ scarce foreign aid dollars and stream­ ment and control, such as malaria. Commission CPPRCJ study showed lining the funding for child survival that all of the prevailing charges in The health account has contributed activities. much to the research and testing of During markup in the Subcommittee Utah are below the national mean. vaccines for common diseases in the on Human Rights and International The data demonstrates that Medicare developing world and improved solu­ Organizations, my colleagues support­ prevailing fees in Utah are substantial­ tions for oral rehydration treatments. ed my amendments which delineated ly lower than in most areas of the In order to help our colleagues un­ two of the basic authorities for eco­ country. In fact, for some services, derstand how the level of funding for nomic assistance. Those amendments Utah is dead last. Utah's Medicare al­ the combined functional account was established as priorities assistance for lowable fees are extremely low for derived, Mr. Speaker, I would like to improved health conditions, preven­ both surgical procedures and office take a moment to "walk through" the tive care programs, and self-sustaining visits. For example, the Utah payment figures for the two currently separate primary health care systems, and pro­ for a pacemaker insertion is $680 while accounts. The high water mark for the motion of child survival activities. the national average is $1,228-almost international health and child survival These two priorities are essential to double. Utah ranks 12th from the spending was in fiscal year 1987 and I combating the most widespread killers bottom out of 117 Medicare geograph­ would like to start at that point. of children and their mothers. It has ic localities that were surveyed. There Mr. Speaker, in fiscal year 1987, the been estimated that of the approxi­ is no rational explanation for these Agency for International Development mately 15 million deaths of children as differences in reimbursement from spent $184.5 million from numerous much as half are due to preventable State to State. accounts on child survival activities illnesses such as measles, polio, diph­ The PPRC has stated that approved and $100.9 million from the health ac­ theria, pertussis, tetanus, tuberculosis, charges vary extensively from one lo­ count on nonchild survival activities, and dehydration caused by diarrhea. cality to another. Three- and four-fold for a total of $285.4 million. In fiscal In addition, up to one-half of all differences in charges for particular year 1988, the total spending level de­ infant mortality in the developing procedures are common. It is difficult creased to $266.9 million-$169.9 mil­ world occurs in the first 28 day of life. to believe that physicians in other lion in child survival activities, $73.6 These are lives which can be saved parts of the country receive up to million from the health account and through effective primary maternal, three times the Medicare reimburs­ $23.4 million from the Development prenatal, and neonatal health care sys­ ment of Utah physicians for identical Fund for Africa in nonchild survival tems. Medicare procedures. These differ­ health projects. The funding, unfortu­ Mr. Speaker, a combined child sur­ ences extend far beyond justifiable nately, has remained about the same vival/health account will provide a co­ differences in the cost of practice. The since fiscal year 1988. herent, clearly defined funding mecha­ Utah Medical Association's data indi­ The $300 million level for a com­ nism for these important life-saving cates that the actual costs of practice, bined child survival and health ac­ interventions. I would ask that my col­ including malpractices insurance, em­ count is derived from the fiscal year leagues support this legislation and ployee expenses, office rent, and sup­ 1987 health spending at roughly $100 work to incorporate this objective in plies are not substantially lower in million and an increase from $184.5 the rewrite of the foreign assistance Utah. In some cases, Utah's costs are million to $200 million for child surviv­ authorization bill. higher. al activities. Congressman HALL has a The greatest impact of these unreal­ bill, H.R. 1616, of which I am a co­ istic Medicare payments is felt by our sponsor, which sets the global level of INTRODUCTION OF LEGISLA­ elderly and disabled citizens. The funding for child survival activities at TION ADDRESSING INEQUITY PPRC also concluded that Geographic no less than $200 million. We are re­ IN MEDICARE PHYSICIAN RE­ variations in prevailing charges are flecting that priority in this new bill. IMBURSEMENT substantial, and stated that wide varia­ My colleagues may be as surprised as . Roster of United Siates Congressional Of­ my remarks an excerpt from a recent study by data on incumbent reelection rates for the ficeholders and Biographical Characteristics of the scholars at the Congressional Research years prior to 1946, and supplements exist­ Members of the United States Congress, 1789-1984 Merged Data. ICPSR. UCPSR i;tudy number 7803> Service entitled "Reelection Rates of House ing data sources for the post-1946 period. Ann Arbor, MI. This file was produced in large part Incumbents," by David Huckabee. What emerges from this examination of by merging two existing files: ICPSR's Roster of This study looks at elections going all the data from the pre-1946 period is a refine­ U.S. Congressional Officeholders, 1789-1979 and Carroll McKibbin's Bio­ turnover. Incumbents who have sought re­ graphical Characteristics of Members of the United 1789. It effectively refutes the arguments, re­ election apparently have always been rela­ States Congress, 1789-1980. McKibbin's data were cently appearing in the press, that current tively successful. More specifically, the pro­ primarily coded from the Biographical Directory of Members of Congress have "stacked" the the American Congress CBDAC>. 4th and 5th edi­ portion of incumbents running for reelec­ tions. Information for the period 1980-84 was added election system in their favor. tion who were returned to office has rarely to the file by ICPSR staff. The CRS study concludes that turnover in dropped below 70 percent

TABLE 1.-HOUSE INCUMBENTS REELECTED, NOT RENOMINATED, OR DEFEATED: 1790-1988

Total (percent) who Not Defeated in Percent Percent of Election year 1 Open seats 2 general Won reelection winning House ran for renominated 4 4 reelection 3 election reelection reelected

1790 ...... 24 41 (63.1) 0 3 38 92.7 58.5 1792 ...... 60 45 (69.2) 0 0 45 100.0 69.2 1794 ...... 37 68 (64.8) 0 2 66 97.1 62.9 1796 ...... 37 69 (65.1) 1 4 64 92.8 60.4 1798...... 37 69 (65.ll 0 4 65 94.2 61.3 1800 ...... 46 60 (56.6 0 3 57 95.0 53.8 1802 ...... 68 74 (69.8) 0 4 70 94.6 66.0 1804 ...... 38 104 (73.2) I 5 98 94.2 69.0 1806 ...... 43 99 (69.7) 0 2 97 98.0 68.3 1808 ...... 46 96 (67.6) 0 6 90 98.8 63.4 1810 ...... 52 90 (63.4) 0 6 84 93.8 59.1 1812 ...... 46 97 (67.8) 0 13 84 86.6 58.7 1814 ...... 69 113 (62.1) 0 15 99 87.6 54.4 1816 ..,...... 104 78 (42.7) I 11 66 84.6 36.3 1818 ...... 72 111 (60.7) 3 7 101 91.0 55.2 1820 ...... 69 117 (62.9l 4 16 97 82.9 52.1 1822 ...... 86 127 (68.3 0 12 115 90.5 61.8 1824 ...... 65 148 (69.5 0 17 131 88.5 61.5 1826 ...... 61 152 (71.4) 0 16 136 89.5 63.8 1828 ...... 63 150 0.4l 2 28 120 80.0 56.3 1830 ...... 68 145 68.1 0 15 130 89.7 61.0 1832 ...... 105 135 63.4) 2 25 108 80.0 50.7 1834 ...... 64 176 1773 .3l 1 33 141 80.1 58.8 1836 ...... 92 149 (61.8 1 26 122 81.9 50.6 1838 ...... 83 159 (65.7) 1 38 120 75.5 49.6 1840 ...... 85 157 (64.9l 2 25 130 82.8 53.7 1842 ...... 133 90 (37.2 1 31 58 64.4 24.0 1844 ...... 88 135 (60.5) 3 23 109 80.7 48.9 1846 ...... 107 116 (52.0) 0 15 101 87.1 45.3 1848 ...... 108 122 (53.0) 3 21 98 80.3 42.6 1850 ...... 102 130 !56.0) 4 29 97 74.6 41.8 1852 ...... 115 119 51.3) 5 30 84 70.6 36.2 1854 ...... 97 137 (58.5! 2 47 89 65.0 38.0 1856 ...... 76 158 (67.5 2 37 119 75.3 50.8 1858 ...... 78 156 (66.7 4 34 118 75.6 50.4 1860 ...... 64 110 (63.2l 5 22 81 73.6 46.5 1862 ...... 79 103 !56.6 4 29 70 68.0 38.5 1864 ...... 49 133 73.1) 3 32 98 73.7 53.8 1866 ...... 50 133 72.7) 8 12 113 85.0 61.8 1868 ...... 92 146 !61.3) 4 19 123 84.3 51.7 1870 ...... 78 165 67.9) 9 36 120 72.7 49.4 1872 ...... 121 171 (70.4l 8 37 126 73.7 51.8 1874...... 93 199 (68.1 12 71 115 57.8 39.4 1876 ...... 79 213 (72.9 12 47 154 72.3 52.7 1878 ...... 90 203 (69.3) 9 32 162 79.8 55.3 1880 ...... 63 230 (78.5) II 30 189 82.2 64.5 1882 ...... 118 207 (70.6) 15 43 149 72.0 50.8 1884 ...... 78 147 (7601 12 46 189 76.5 58.1 1886 ...... 79 246 (75.7 21 28 197 80.1 60.6 1888 ...... 74 251 (77.2 10 37 204 81.3 62.8 1890 ...... 71 260 (78.5 18 63 179 68.8 54.1 1892 ...... 68 264 (79.5) 14 42 208 78.8 62.6 1894 ...... 86 270 (75.8) 20 71 180 66.7 50.6 1896 ...... 69 288 (80.7) 17 61 210 72.9 58.8 1898 ...... 55 302 (84.6l 14 38 250 82.8 70.0 1900 ...... 54 303 (84.9 15 20 268 88.4 75.1 1902 ...... 89 297 (83.2) 12 28 257 86.5 72.0 1904 ...... 48 338 (87.6) 9 26 303 89.6 78.5 1906...... 51 335 (86.8) 13 31 291 86.9 75.4 1908 ...... 37 354 (90.5! 11 33 310 87 .6 79.3 1910 ...... 53 338 (86.4 20 52 266 78.7 68.0 1912 ...... 94 341 !78.4 12 49 280 82.1 64.4 1914 ...... 61 374 86.0) 8 67 299 79.9 68.7 1916 ...... 35 400 91.9) 12 37 351 87.8 80.7 1918 ...... 46 389 (89.4) 13 47 329 84.6 75.6 1920 ...... 50 385 (88.5l 18 53 314 81.6 72.2 1922...... 51 384 (88.3 12 68 304 79.2 69.9 1924 ...... 34 401 (92.2) 11 33 357 89.0 82.1 1926...... 30 405 (93.1) 13 16 376 92 .8 86.4 1928 ...... 31 404 (92.9l 9 31 364 90.1 83.7 1930 ...... 28 407 (93.6 14 43 350 86.0 80.5 1932 ...... 43 392 !90.1) 42 79 271 69.1 62.3 1934 ...... 47 388 89.2) 23 40 325 83.8 74.7 1936 ...... 47 388 (89.2) 17 31 340 87.6 78.2 1938 ...... 33 402 (92.4) 15 69 318 79.1 73.1 1940 ...... 28 407 (93.6l 8 38 361 88.7 83.0 1942 ...... 40 395 !90.8 20 47 328 83.0 75.4 1944 ...... 30 405 93.1) 13 35 357 88.1 82.1 1946 ...... 35 398 (91.5) 18 52 328 82.4 75.4 1948 ...... 35 400 (91.9) 15 68 317 79.3 72.9 1950...... 35 400 (91.9l 6 32 362 90.5 84.2 1952 ...... 46 389 !88.0 9 26 354 91.0 84.4 1954 ...... 28 407 93.6) 6 22 379 93.1 87.1 1956 ...... 24 411 (94.3) 6 16 389 94.6 89.4 1958 ...... 39 396 (91.0) 3 37 356 89.9 81.8 1960 ...... 32 405 (92.7l 5 25 375 92.6 86.2 1962 ...... 33 402 !92.9 12 22 368 91.5 84.6 1964 ...... 38 397 91.3) 8 45 344 86.6 79.1 1966 ...... 24 411 (94.5l 8 41 362 88.1 83.2 1968 ...... 26 409 !94.0 4 9 396 96.8 91.0 1970 ...... 34 401 92.2) 10 12 379 94.5 87.1 1972 ...... 45 390 (89.7) 12 13 365 93.6 83.9 1974 ...... 44 391 (89.9l 8 40 343 87.7 78.9 1976 ...... 51 384 (88.3 3 13 368 95.8 84.6 May 10, 1989 CONGRESSIONAL RECORD-HOUSE 8835 TABLE 1.-HOUSE INCUMBENTS REELECTED, NOT RENOMINATED, OR DEFEATED: 1790-1988-Continued

Total Not Defeated in Percent Percent of Election year 1 Open seats 2 (percen~ who general Won reelection winning House ran or renominated election reelection 3 reelection • reelected•

1978 ...... 53 382 (87.6) 5 19 358 93.7 82.3 1980 ...... 37 398 (91.5) 6 31 361 90.7 83.0 1982 ...... 42 393 (90.3) 10 29 354 90.1 81.4 1984 ...... 26 409 r4.0) 3 16 390 95.4 90.1 1986 ...... 42 393 90.3) 3 6 385 98.0 88.5 1988 ...... 26 409 94.0) 1 6 402 98.3 92.4

1 Prior to 1900 several States held elections in odd years as well as even years. Odd year elections were combined with the next highest even year election in this report. (For example, elections held in 1885 were combined with those held in 1886 in this report.) 2 The open seat category was derived by subtracting the number of Members who ran for reelection from the House size. 3 The total running for reelection category includes those Members who sought renomination, but who were not renominated. • For information about the denominators used in these calculations see the methodology section. Sources: Prior to 1946 all the data were obtained from the Roster of United States Congressional Office-holders and Biographical Characteristics of Members of the United States Congress, 1789-1984 Merged Data. ("The Roster file") . The data were originally collected by carroll McKibbin and the Inter-University Consortium for Political and Social Research. The Roster file is a machine readable computer data tape. The table was compiled from variables 44 and 83 of the Roster file. For the period from 1946 to 1986, all data except the information pertaining to open seats were obtained from: Ornstein, Norman J., Thomas E. Mann, and Michael J. Malbin, Vital Statistics on Congress, 1987-1988. Table 2-7 House Incumbents Reelected, Defeated or Retired 1946-1986. Washington, Congressional Quarterly Inc., 1987. p. 56. Data for 1988 were obtained from Congressional Quarterly Weekly Report, v 46, Nov. 12, 1988, p. 3270. I told you this apocryphal bedtime Americans have traditionally been AMERICA'S BEDTIME STORY story to show how important the free to choose films to watch in their magic of Hollywood and films are to homes and films have driven the insa­ The SPEAKER pro tempore. Under our lives and-how that special magic tiable market for VCR's as they a previous order of the House, the gen­ in turn affects our trade deficit and opened up a new vista of home enter­ tlewoman from Maryland [Mrs. BENT­ business life through our communica­ tainment. LEY] is recognized for 60 minutes. tions and electronics industry. Today those films are a change Mrs. BENTLEY. Mr. Speaker, I have We literally will be turning out the agent throughout home viewing on a recently read some stories pertaining lights for our industries if we passively TV network, or through renting a film to the sale of more of America's assets, let the studios and HDTV along with from the nearest film store. our movie studios-and also read of the double deck VCR slip through our fingers. Slip nothing. We are all but Approximately one-third of Ameri­ opportunities which can help America can homes have at least one VCR. In regain strength in the electronics gift wrapping and handing it to them. Jonathan Yardley assessed the im­ another 2 years the market should market and training of our work force. reach the saturation point of 73 per­ The items I read are linked togeth­ portance of Hollywood in a recent er-so it brought the following story review in the Washington Post called cent. about "America's Bedtime Story" to "Tinseltown Imagings." He said, a Last year 13.6 million sets were sold mind. book he was reviewing by "focusing on to replace older VCR's in the United The story goes: Once upon a time how Hollywood not merely manufac­ States and, the world market for there was a magic tinsel town called tures dreams but fixes them in the na­ VCR's is three or four times larger "Hollywood, USA." All good young tional psyche gets uncomfortably close than the U.S. market. boys and girls dream of living there, to the American bone." The VCR's make a lot of movie view­ making movies and playing roles of In 1964, Marshall McLuhan who is ing possible. If we sell the studios and their heroes and acting out their known as the spokesman for the elec­ their film libraries to foreign interests, dreams. tronic age, wrote that "the electronic particularly the Japanese who produce The grand masters of the town were media are subtly and constantly alter­ 97 percent of the VCR's, then we have the studio owners who searched and ing our perceptual sense." ensured the need for their hardware found the boys and girls everywhere, He declared "that down through the and the entrance of their products some at the famous Schwab Drug ages the means by which man commu­ into future markets to become a hard­ Store where starlets were discovered, nicates have determined his thoughts, ened fact. and some driving trucks, but they were his actions, his life." Under these circumstances their all found. That statement has become familiar hardware will be in the 73 percent of to anyone who is a television viewer or American homes owning VCR's and Their agents built them up so movie buff. It is because of this famili­ much-so famous that some boys and the VCR, which is Japan's way of arity that we sometimes forget exactly keeping dollars flowing to Japan, will girls became beautiful like gods and how important the movies are to goddesses-and seeing them become America. Hollywood is uniquely an continue to be a channel for dollars to beautiful, more young boys and girls American creation. leave this country. worked, and saved and found their Hollywood played an important role Remember the VCR is 50 percent of way to "Hollywood, USA" so they too in the national psyche as our stars and the electronics export market for could act out their dreams. producers made films, and produced Japan and the electronics market is Then one day the "Wicked Witch of entertainment in support of our World one-third of their total exports. So the East" captured Hollywood-and War II effort. VCR's are literally the "Sacred Cow" the young boys and girls were told­ As an early player in efforts to warn of Japanese electronics exports. you must dream my dream-do as you the American public on the dangers to If we reduce that VCR market-we are told-you cannot be a god or god­ our system from attack from hostile reduce our deficit and can open up the dess-you must be working class and forces, Hollywood shaped our values world markets for America. After all, owe allegiance to me, to the compa­ and was literally the morale builder the Americans first developed the ny-the "Wicked Witch of the East"­ and propaganda apparatus for the war VCR-and now we have a double deck and not to America or your dreams. effort. VCR in our future-the one from Go Say what I say, act what I wish and The film industry seared our nation­ Video. if you obey and are good-you can be al conscience with the movie about dis­ That double deck VCR will interact on our TV-perhaps even HDTV. And, placed people in "Grapes of Wrath,'' with a computer becoming the long if you are very very good, we will let which showed the effects of the dust sought after personal computer TV. It you star on our home VCR's. bowl on American lives. It has-and will help our companies to develop on­ The tale ends-goodnight America­ continues to be a primary force for the-spot training films to educate our now it's time to turn out the lights. change in this country. work force-as well as many other 8836 CONGRESSIONAL RECORD-HOUSE May 10, 1989 wonderful things in the next four gen­ "At the same time, foreign compa­ produce printed material because of erations of electronics. nies and investors, recognizing Holly­ the very significant productivity im­ It is essential to HDTV. Let me wood's unrelenting international domi­ provements, even though HDTV work remind you Go Video has the patent nance of the industry, are starting to stations cost hundreds of thousands of on the double deck VCR. snap up studios and production com­ dollars. Then why the interest in the Ameri­ panies in the United States. They be­ The market for HDTV globally is es­ can studios-is it just the entertain­ lieve that owning a piece of Hollywood timated to be between $40 to $150 bil­ ment market alone? is the best way to get in on the indus­ lion in 10 years. The films we now have are fine, but try's growth-growth that has been It has been targeted by Japan as its with the advent of HDTV, there will strong internationally and in the next major consumer electronics push need to be another standard of film United States, the world's largest en­ and is part of a complete system to for the high resolutions of HDTV. tertainment market." provide information in an improved That will come from Hollywood-the What is happening is "the foreign manner. film studios. Some studios are already markets interest American producers By the turn of the century it is esti­ using HDTV production equipment. and the U.S. market interests foreign mated that at least 175,000 jobs will be Who will own the studios? Certainly companies." created. Bellisio further pointed out not the Americans. The HDTV stand­ Regardless of their interest, I believe that "technology will make possible ards will be predicated upon Holly­ the movie industry, which has the universal communications highways." wood film standards. Whoever con­ largest pool of talent in the world, Dr. Russell Means of MIT stated trols Hollywood controls the stand­ should remain in American hands. before the same committee that "Elec­ ards, and is the arbiter of our Buyers of the studios include the tronics communication is the funda­ dreams-and the stories of our culture. Australians who want to build a world­ mental economic infrastructure of the wide entertainment presence. They information age." If they control the studios-what purchased United Artists, the movie affect will they have on the TV net­ He compared the "communication studio founded by Charlie Chaplin, highways" and what they will do in works, who mostly depend upon Holly­ Douglas Fairbanks, and Mary Pick­ wood for their films. shaping America to the "national ford. system of roads, rails and canals." He The film library for the VCR's is I further question the selling of a controlled by Hollywood. At present, also stated that "with the use of the studio to some of the other prospec­ terminology 'high resolution systems' there are seven or eight film libraries tive buyers now in the market. C. Itoh, in the world which we own. We are that we have an opportunity to leap­ the big Japanese trading company, is frog ahead of thinking of our competi­ selling them to foreign interests, and involved in the business. that is not in America's interest. tors in Japan and in Europe." C. Itoh is the company which broke So therein is the motivation for our So even the choice of films for the Cocom agreement, and helped To­ Ame~icans to watch-our classics, and bedtime story that our electronics in­ shiba sell our sensitive technology to dustry, the film studios, HDTV, the "Oldies and Goldies" will be in the the Soviets. It is one of the companies hands of foreigners. television networks, our telephone involved in the Libyan poison gas system, and the VCR's are all locked One step more, is who decides what plant complex. How will this company is made-who stars-and how it is into a communications highway. interpret a film-and who will do its Our electronics industry that em­ played how it is said? If something is bidding in making a film? objecti~nable, regardless of how slight ploys 2.6 million people will be affect­ Even Nippon Steel wants a studio. ed and the indirect employment is it may appear, who decides whether or There is an important point to this not to buy the story and to produce a over 7 million people. Our film indus­ addition to the fact that the interpre­ try is a world leader and supplies the film? tation of our culture should be in our Another important question is-who films for our home viewing, as well as hands for editing and presentation. the television networks. The VCR's will interpret our culture-Ameri­ The fact is that what we do with the cans-or foreign owners of studios? allow us to extend films on television studios affects the whole electronics into our homes, to teach and to devel­ Will they make classics such as industry through HDTV, television, "Yankee Doodle Dandy," "Gone With op programs for education. VCR's, and camcorders. They all affect the semiconductor the Wind," or "The Sound of Music" People will be buying the double industry-and probably most of all, with American fervor? deck VCR for home editing of films who will represent us in films, who It is ironic that foreign owners have taken on their camcorders-or for de­ will interpret our culture. the rights to the songs that Americans veloping training films in industry. Should we turn out the lights as the have hummed and danced to, and the The HDTV will affect our mobile bedtime story suggests-or should we music that got us through our trou­ phones and other electronic markets. move to maintain our culture? The bled times which include World War I, This industry will be a major con­ studios are part of our communica­ the Depression, and World War II. sumer of semiconductors, as will the tions industry-and they are certainly It would seem to me that these films VCR. In fact, they are known as the more than 50 percent of developing an and music are part of our national cul­ semiconductor hogs because they use American image. ture, as is the recent film "War and so many. We can either turn out the lights Remembrance" which was shown on Those products will affect the op­ and end the story or we can reject this TV this week. portunity for us to once again be fairy tale-and once again be the According to a New York Times viable in the semiconductor industry. proud producer of the products that story, "Hollywood Takes to the Global They will also affect the R&D to help America is known for. With our inge­ Stage," the business was "owned and revitalize the consumer electronics in­ nuity and the spirit of the American operated by Americans primarily for dustry-and it will affect the applica­ people-we can do anything. audiences in the United States." Now, tions for defense. If we shaped an upstart nation to be "Hollywood is going global." In recent testimony before the Com­ the leader of the free world, we can do It stated the reason for selling was mittee on Science, Space, and Tech­ it again. The challenge is ours to the fallowing: nology, Jules A. Bellisio, divisi~n man­ accept. I will be first in line to sign up. "Driven by economic, technological, ager of Digital Signal Processmg Re­ and cultural factors, movie and televi­ search testified that "In the advertis­ HOLLYWOOD TAKES TO THE GLOBAL STAGE sion studios are aggressively selling ing industry, the electronic processing ; to the extend their remarks and include ex­ lution of the House of the fallowing Committee on Appropriations and ordered traneous material:) to be printed. title, which was thereupon signed by 1151. A letter from the Director, the Mr. INHOFE, for 60 minutes, today. the Speaker: Office of Management and Budget, trans­ Mr. HORTON, for 5 minutes, today. H.R. Res. 135. Joint resolution to desig­ mitting the cumulative report on rescissions Mr. SCHIFF, for 15 minutes, on May nate the week beginning May 7, 1989, as and deferrals of budget authority as of May 11. "National Correctional Officers Week." 1, 1989, pursuant to 2 U.S.C. 685 CH. Doc. 8844 CONGRESSIONAL RECORD-HOUSE May 10, 1989 No. 101-64); to the Committee on Appro­ islation to amend section 18 of the Export jointly, to the Committees on Ways and priations and ordered to be printed. Administration Act of 1979, as amended, to Means and Energy and Commerce. 1152. A letter from the Director, Defense authorize appropriations for fiscal year By Mr. HORTON: Security Assistance Agency, transmitting 1990, pursuant to 31 U.S.C. 1110; to the H.R. 2304. A bill to amend the Immigra­ the Army's proposed letter of offer and Committee on Foreign Affairs. tion and Nationality Act to permit aliens acceptance CLOAJ to Bahrain for defense 1163. A letter from the Comptroller Gen­ who have served in the Armed Forces for at articles estimated to cost $50 million or eral, transmitting a report, "Actions Needed least 4 years after enlistment abroad to more, pursuant to 10 U.S.C. 118; to the to Correct ADP Internal Control Weakness- · enter the United States for permanent resi­ Committee on Armed Services. es" ; pursuant to 31 dence as special immigrants; to the Commit­ 1153. A letter from the Chief of Legisla­ U.S.C. 3512<3>; to the Committee on Gov­ tee on the Judiciary. tive Affairs, Department of the Navy, trans­ ernment Operations. By Mr. MARTIN of New York: mitting notification that the Department 1164. A letter from the Secretary of Inte­ H.R. 2305. A bill to require the Commis­ intends to offer for lease a naval vessel to rior, transmitting a copy of the onshore oil sioner of Customs to provide certain facili­ the Government of Mexico; pursuant to 10 and gas leasing report, fiscal year 1988, pur­ ties and equipment at the port of entry at U.S.C. 7307(b)(2); to the Committee on suant to 30 U.S.C. 226 nt.; to the Committee Trout River, NY; to the Committee on Ways Armed Services. on Interior and Insular Affairs. and Means. 1154. A letter from the Secretary of Edu­ 1165. A letter from the President, Legal By Mr. OWENS of Utah of offer and acceptance CLOAJ to Paz Enterprises, Ltd") pursuant to 28 U.S.C. TAMANTE, Mr. FAUNTROY, and Mr. LI­ Saudi Arabia for defense articles and serv­ 2509; to the Committee on the Judiciary. PINSKI): ices estimated to cost $200 million ; pursuant to 22 U.S.C. Secretary of Defense ; to the annual report on administration of the off­ Committees on Ways and Means and For­ Committee on Foreign Affairs. shore oil pollution compensation fund, pur­ eign Affairs. 1157. A letter from the Director, Defense suant to 43 U.S.C. 1824; jointly, to the Com­ By Ms. PELOSI (for herself, Mr. Security Assistance Agency, transmitting mittees on Interior and Insular Affairs and STARK, and Mr. WAXMAN): the Department of the Air Force's proposed Merchant Marine and Fisheries. H.R. 2308. A bill to amend title I of the letter(s) of offer and acceptance CLOAJ to Employee Retirement Income Security Act Saudi Arabia for defense articles and serv­ of 1974 to require that continuation of cer­ ices estimated to cost $300 million of offer and acceptance CLOAJ to By Mr. AKAKA: ance coverage for 29 months be offered to Egypt for defense articles and services esti­ H.R. 2299. A bill to amend the Energy those with a disability at the time of termi­ mated to cost $51 million of offer and acceptance CLOAJ to method by which courts may treat the re­ disability at the time of termination of em­ the Coordination Council for North Ameri­ tired or retainer pay of a member of the ployment; to the Committee on Ways and can Affairs for defense articles and services Armed Forces as joint property for purposes Means. estimated to cost $44 million ; to pay to spouse or former spouse of the and Mr. MARTIN of New York> : 1160. A letter from the Director, Defense ices. H.R. 2311. A bill to authorize certain con­ Security Assistance Agency, transmitting By Mr. FAUNTROY: struction at military installations for fiscal the Department of the Navy's proposed H.R. 2301. A bill to designate the Anthony years 1990 and 1991, and for other purposes; letter of offer and acceptance CLOAJ to Bowen Landmark Building-formerly the to the Committee on Armed Services. Pakistan for defense articles and services es­ Anthony Bowen Y.M.C.A.-in Washington, By Mr. SMITH of New Jersey (for timated to cost $14 million or more ; to the Committee on Foreign Af­ Committee on Interior and Insular Affairs. H.R. 2312. A bill to amend the Foreign As­ fairs. By Mr. GEKAS: sistance Act of 1961 to authorize appropria­ 1161. A communication from the Presi­ H.R. 2302. A bill to amend titles XVIII tions of $300,000,000 for each of the fiscal dent of the United States, transmitting a and XIX of the Social Security Act to years 1990 and 1991 for development assist­ report on development since the last report repeal the requirement of nursing facilities ance for health and child survival activities; of November 9, 1988, concerning the nation­ to provide for training of nurse aides; joint­ to the Committee on Foreign Affairs. al emergency with respect to Nicaragua, ly, to the Committees on Ways and Means By Mr. SOLARZ (for himself, Mr. pursuant to 50 U.S.C. 1641(c) and 1703(c) and Energy and Commerce. LEACH of Iowa, Mr. FALEOMAVAEGA,