February 23, 1999 CONGRESSIONAL RECORD — SENATE S1799 U.S.C. 1621. 18 U.S.C. 1623. Tampering. Per- mother in order to get her cooperation and fairness. The Grand Jury having thus re- jury. Obstruction. That is a lot to digest, but to tape , the President, and/or spected its own limitations and the rights of these are real laws and they are applicable to . Mr. Starr brought his enor- others, the Court ought to respect the Jury’s these proceedings and to this President.’’— mous criminal investigative resources to exercise of its prerogatives.’’ (In re Report House Manager Barr, Congressional Record, bear on testimony yet to be given in a civil and Recommendation of June 5, 1972, Grand February 8, 1999, Page S1342. lawsuit involving a consensual, sexual rela- Jury Concerning Transmission of Evidence to tionship. the House of Representatives, U.S. District APPENDIX K At the time Ms. Lewinsky was threatened Court, District of Columbia, March 18, 1974.) Though written in his diary almost 200 by Mr. Starr, her affidavit in the Jones case What a far cry the Watergate grand jury hundred years ago, John Quincy Adams’ had not been filed. She was still in a position report was from Mr. Starr’s. The Starr Re- thoughts on the impeachment of Justice to retrieve it or amend it. Also, President port violates almost every one of the stand- Samuel P. Chase, who was acquitted, are rel- Clinton had not been deposed. He had not ards laid out by Judge Sirica in the Water- evant to the impeachment of President Clin- given his testimony in the suit. gate case. ton. In effect, Mr. Starr and his agents lay in The House of Representatives the Judici- On the day that Justice Chase was acquit- wait—waiting for the President to be sur- ary Committee then almost immediately re- ted in 1805, John Quincy Adams wrote the prised at the Jones deposition with informa- leased the Starr report and the thousands of following: tion about . And how did pages of evidence to the public. ‘‘. . . This was a party prosecution, and is that information about Monica Lewinsky get issued in the unexpected and total dis- in the hands of the Jones attorneys? Ms. Because of that release—enormous damage appointment of those by whom it was Tripp gave them the information. And she had been done to the public’s sense of deco- brought forward. It has exhibited the Senate was able to do that even though she was rum and to appropriate limits between pub- of the United States fulfilling the most im- under an immunity arrangement with Mr. lic and private life. portant purpose of its institution. . . It has Starr, because—as Mr. Starr acknowledged proved that a sense of justice is yet strong to the House Judiciary Committee under f enough to overpower the furies of factions; questioning—Mr. Starr’s agents never di- but it has, at the same time, shown the wis- rected Ms. Tripp to keep her information DEPOSITION OF VERNON JORDAN dom and necessity of that provision in the confidential, even though Mr. Starr had a Constitution which requires the concurrence major concern that the Lewinsky matter IN THE SENATE IMPEACHMENT of two-thirds for conviction upon impeach- would leak to the press. Mr. Starr’s agents TRIAL ments.’’ did not tell Ms. Tripp not to talk to the Mr. LEAHY. Mr. President, I regret APPENDIX L Jones attorneys or anyone else in order to to have to return to an unfinished as- ADDITIONAL STATEMENT OF SENATOR CARL ensure that the story would not leak to the press. pect of the Senate impeachment trial LEVIN REGARDING THE INDEPENDENT COUNSEL of President Clinton. Mr. President, four and one half years ago, So the enormous criminal investigative re- the Special Court under the independent sources of the federal government were On February 2, I attended the deposi- counsel law appointed Kenneth Starr to in- brought to bear on the President of the tion of Vernon Jordan as one of the vestigate certain specific and credible allega- United States to catch him by surprise in a Senators designated to serve as pre- tions concerning President Clinton’s involve- future deposition in a civil proceeding on a siding officers. On February 4, the Sen- ment in the Madison Guaranty Savings and matter peripheral to the lawsuit, prior to ate approved the House Managers’ mo- any of the suspected unlawful conduct. Loan Association of Little Rock, . tion to include a portion of that deposi- Three and half years later—and after what Once the President testified in that civil suit, Mr. Starr convened a grand jury to in- tion in the trial record. Unfortunately, appears to be the most thorough criminal in- the House Managers moved to include vestigation of a sitting President, Mr. Starr vestigate the truthfulness of Mr. Clinton’s was unable to find any criminal wrongdoing testimony. Again, using the virtually unlim- only a portion of the videotaped deposi- on the part of the President in what came to ited resources of the federal government tion in the trial record and left the rest be known as ‘‘Whitewater.’’ A similar con- with respect to a criminal investigation, Mr. hidden from the public and subject to clusion was reached by Mr. Starr with re- Starr called countless witnesses before the the confidentiality rules that governed spect to additional investigations assigned grand jury—recalling numerous witnesses those proceedings. to Mr. Starr along the way—namely, allega- multiple times. Betty Currie testified on 5 different occasions; so did Vernon Jordan. On Saturday, February 6, at the con- tions with respect to the White House use of clusion of his presentation, Mr. Kendall FBI files and the discharge of White House Monica Lewinsky testified 3 times and was employees from the White House Travel Of- interviewed over 20 separate times. I don’t asked for permission to display the last fice. believe any regular prosecutor would have segment of the videotaped deposition A year ago Mr. Starr’s investigation was invested the time and money and resources of Vernon Jordan, in which, as Mr. coming to an end. That’s when in the kind of investigation that Kenneth Kendall described it ‘‘Mr. Jordan made walked through Mr. Starr’s door with prom- Starr did. a statement defending his own integ- ises of taped phone conversations between At the end, Mr. Starr wrote a report argu- ing for impeachment to the House of Rep- rity.’’ The House Managers objected to Ms. Tripp and Monica Lewinsky about Ms. the playing of the approximately 2- Lewinsky’s sexual relationship with Presi- resentatives. He didn’t just impartially for- dent Clinton. And what was the alleged ward evidence he thought may demonstrate minute segment of the deposition that crime? That President Clinton and Ms. possible impeachable offenses. represented Mr. Jordan’s ‘‘own state- Lewinsky were about to lie about their rela- The Starr report spared nothing. Lacking ment about his integrity.’’ tionship—if they were asked about it by the good judgment and balance, the Starr report I then rose to request unanimous attorneys for Paula Jones in her sexual har- contained a large amount of salacious detail, consent from the Senate that the seg- assment case against President Clinton. Mr. and skipped over or dismissed important ex- culpatory evidence, such as Monica ment of the videotaped deposition be Starr had to know that the relationship be- allowed to be shown on the Senate tween President Clinton and Monica Lewinsky’s statement that no one asked her Lewinsky had been a consensual one. Mr. to lie and no one promised her a job for her floor to the Senate and the American Starr had to know that, because Ms. Tripp silence. Mr. Starr violated the standards people. There was objection from the was informed by Ms. Lewinsky of every as- enunciated by Judge Sirica when he ad- Republican side. pect of her relationship with President Clin- dressed the status of the grand jury report in I noted my disappointment at the ton. And at this point—January 12, 1998—nei- the Watergate matter. In that case, Judge time and in my February 12 remarks ther Monica Lewinsky nor President Clinton Sirica wrote in granting , the Watergate prosecutor, the right to forward about the depositions. After the con- had been deposed. clusion of the voting on the Articles of I am convinced that no ordinary federal grand jury information to the House of Rep- prosecutor, if confronted with the same situ- resentatives: Impeachment and before the adjourn- ation involving a private citizen, would have ‘‘It draws no accusatory conclusions. . . It ment of the court of impeachment, pursued this case. But Mr. Starr was no ordi- contains no recommendations, advice or unanimous consent was finally granted nary federal prosecutor. Without jurisdiction statements that infringe on the prerogatives to include the ‘‘full written tran- with respect to these matters, he imme- of other branches of government. . . It ren- scripts’’ of the depositions in the public diately gave Ms. Tripp immunity in ex- ders no moral or social judgments. The Re- record of the trial. As far as I can tell, change for access to her tapes, and he wired port is a simple and straightforward com- however, the statement of integrity by her to tape a private luncheon conversation pilation of information gathered by the Mr. Jordan has yet to be published in with Ms. Lewinsky. Shortly after Mr. Starr Grand Jury, and no more. . . The Grand Jury wired Ms. Tripp, he confronted Ms. Lewinsky has obviously taken care to assure that its the CONGRESSIONAL RECORD. and, according to her, threatened her with 27 Report contains no objectionable features, I regret that the Senate chose to pro- years in prison and the prosecution of her and has throughout acted in the interests of hibit the viewing of the videotape of

VerDate Mar 15 2010 23:02 Nov 14, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S23FE9.REC S23FE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1800 CONGRESSIONAL RECORD — SENATE February 23, 1999 this powerful personal statement dur- (The nominations received today are following bill, in which it requests the ing the trial. I regret that it continues printed at the end of the Senate pro- concurrence of the Senate: to be restricted from public viewing. ceedings.) H.R. 350. An act to improve congressional In order to be sure that the tran- f deliberation on proposed Federal private sec- script that is being made a part of the tor mandates, and for other purposes. public trial record is readily available REPORT CONCERNING A WESTERN f to the public, I ask unanimous consent HEMISPHERE DRUG ALLIANCE— EXECUTIVE AND OTHER that the following portion of the writ- MESSAGE FROM THE PRESI- COMMUNICATIONS ten transcript of the deposition of DENT—PM 9 Vernon Jordan, that containing his The Presiding Officer laid before the The following communications were statement of integrity heretofore sup- Senate the following message from the laid before the Senate, together with pressed, be printed in the RECORD. President of the United States, to- accompanying papers, reports, and doc- There being no objection, the mate- gether with an accompanying report; uments, which were referred as indi- rial was ordered to be printed in the which was referred to the Committee cated: RECORD, as follows: on Foreign Relations. EC–1864. A communication from the Sec- The WITNESS. Mr. Chairman, may I be just retary of Defense, transmitting, pursuant to permitted a moment of personal privilege? I To the Congress of the United States: law, the Secretary’s report on the retention don’t know about the rules here, but uh, I’d I am pleased to provide the attached of members of the Armed Forces; to the like to say something if you would permit. report on a Western Hemisphere Drug Committee on Armed Services. Mr. HUTCHINSON. Mr. Chairman—— Alliance in accordance with the provi- EC–1865. A communication from the Direc- Senator THOMPSON. Well, Mr. Jordan, quite sions of section 2807 of the ‘‘Foreign Af- tor of Defense Procurement, Office of the frankly, it depends on what the subject mat- Under Secretary of Defense for Acquisition ter is and what you’d like—— fairs Reform and Restructuring Act of and Technology, transmitting, pursuant to The WITNESS. Well, it won’t be a declara- 1998.’’ This report underscores the Ad- law, the report of a rule entitled ‘‘Defense tion of war. [Laughter.] ministration’s commitment to enhanc- Federal Acquisition Regulation Supplement; Senator THOMPSON. Counsel, did you ing multilateral counternarcotics co- Independent Research and Development and have—— operation in the region. Bid and Proposal Costs for Fiscal Year 1996 Mr. HUTCHINSON. I would reserve the objec- Strengthening international nar- and Beyond’’ (Case 95–D040) received on Feb- tion. I think that’s permissible under the cotics control is one of my Administra- ruary 16, 1999; to the Committee on Armed rules. So I would state my objection, let him Services. answer it, and if—we can debate that if it be- tion’s top foreign policy priorities. Be- EC–1866. A communication from the Direc- comes an issue in the Senate. I’d like to re- cause of the transnational nature of tor of Defense Procurement, Office of the serve the objection. the Western Hemisphere drug traf- Under Secretary of Defense for Acquisition Senator THOMPSON. All right. ficking threat, we have made enhanced and Technology, transmitting, pursuant to The WITNESS. It’s just something I want multilateral cooperation a central fea- law, the report of a rule entitled ‘‘Defense you, Mr. Hutchinson, and the House Man- ture of our regional drug control strat- Federal Acquisition Regulation Supplement; agers to understand about Vernon Jordan. Deviations from Cost Accounting Standards And that is, you know, it’s a very long way egy. Our counternarcotics diplomacy, foreign assistance, and operations have Administration Requirements’’ (Case 97– from the first public housing project in this D016) received on February 16, 1999; to the country for black people, where I grew up. focused increasingly on making this Committee on Armed Services. It’s a long way from there to a corner office objective a reality. EC–1867. A communication from the Direc- at Akin Gump. It’s a long way from Univer- We are succeeding. Thanks to U.S. tor of Defense Procurement, Office of the sity Homes to the corporate board rooms of leadership in the Summit of the Amer- Under Secretary of Defense for Acquisition America. It’s a long way from University icas, the Organization of American and Technology, transmitting, pursuant to Homes to the Oval Office. And I have made States, and other regional fora, the law, the report of a rule entitled ‘‘Defense that journey understanding one thing, and Federal Acquisition Regulation Supplement; that is that the only thing I have in this countries of the Western Hemisphere are taking the drug threat more seri- Television-Audio Support Activity’’ (Case world that belongs to me is fee simple abso- 98–D008) received on February 16, 1999; to the lute, completely and totally, is my integrity. ously and responding more aggres- Committee on Armed Services. My corner office at Akin Gump is at best sively. South American cocaine organi- EC–1868. A communication from the Direc- tenuous. My house, my home, is at best ten- zations that were once regarded as tor of Defense Procurement, Office of the uous. My bank account, my stocks and my among the largest and most violent Under Secretary of Defense for Acquisition bonds, they are ultimately of no moment. crime syndicates in the world have and Technology, transmitting, pursuant to But what matters most to me, and what law, the report of a rule entitled ‘‘Defense was taught to me by my mother, is that the been dismantled, and the level of coca cultivation is now plummeting as fast Federal Acquisition Regulation Supplement; only thing that I own totally and completely Specifications and Standards Requisition’’ is my integrity. And my integrity has been as it was once sky-rocketing. We are (Case 98–D022) received on February 16, 1999; on trial here, and I want to tell you that also currently working through the Or- to the Committee on Armed Services. nothing is more important to me than that. ganization of American States to cre- EC–1869. A communication from the Direc- The Presdient is my friend. He was before ate a counternarcotics multilateral tor of Defense Procurement, Office of the this happened, he is now, and he will be when evaluation mechanism in the hemi- Under Secretary of Defense for Acquisition this is over. But he is not a friend in that I sphere. These examples reflect funda- and Technology, transmitting, pursuant to have no friends for whom I would sacrifice law, the report of a rule entitled ‘‘Defense my integrity. And I want you to understand mental narcotics control progress that was nearly unimaginable a few years Federal Acquisition Regulation Supplement; that. Flexible Progress Payments’’ (Case 98–D400) Senator THOMPSON. Thank you, Mr. Jor- ago. received on February 16, 1999; to the Com- dan. While much remains to be done, I am If there is no further question, then this mittee on Armed Services. confident that the Administration and EC–1870. A communication from the Direc- deposition is completed, and we stand ad- tor of Defense Procurement, Office of the journed. the Congress, working together, can Under Secretary of Defense for Acquisition The WITNESS. Thank you. bolster cooperation in the hemisphere, and Technology, transmitting, pursuant to f accelerate this progress, and signifi- cantly diminish the drug threat to the law, the report of a rule entitled ‘‘Defense MESSAGES FROM THE PRESIDENT American people. I look forward to Federal Acquisition Regulation Supplement; People’s Republic of China’’ (Case 98–D305) Messages from the President of the your continued support and coopera- received on February 16, 1999; to the Com- United States were communicated to tion in this critical area. mittee on Armed Services. the Senate by Mr. Williams, one of his WILLIAM J. CLINTON. EC–1871. A communication from the Direc- secretaries. THE WHITE HOUSE, February 23, 1999. tor of Defense Procurement, Office of the Under Secretary of Defense for Acquisition EXECUTIVE MESSAGES REFERRED f As in executive session the Presiding and Technology, transmitting, pursuant to Officer laid before the Senate messages MESSAGES FROM THE HOUSE law, the report of a rule entitled ‘‘Defense Federal Acquisition Regulation Supplement; from the President of the United At 11:24 a.m., a message from the Singapore Accession to Government Pro- States submitting sundry nominations House of Representatives, delivered by curement Agreement’’ (Case 98–D029) re- which were referred to the appropriate Mr. Hays, one of its reading clerks, an- ceived on February 16, 1999; to the Com- committees. nounced that the House has passed the mittee on Armed Services.

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