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S. Hrg. 106±131 THE FUTURE OF THE INDEPENDENT COUNSEL ACT HEARINGS BEFORE THE COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED SIXTH CONGRESS FIRST SESSION FEBRUARY 24, MARCH 3, 17, 24, AND APRIL 14, 1999 Printed for the use of the Committee on Governmental Affairs ( VerDate 11-SEP-98 12:50 Sep 10, 1999 Jkt 000000 PO 00000 Frm 00001 Fmt 6011 Sfmt 6011 56376.TXT SAFF2 PsN: SAFF2 S. Hrg. 106±131 THE FUTURE OF THE INDEPENDENT COUNSEL ACT HEARINGS BEFORE THE COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED SIXTH CONGRESS FIRST SESSION FEBRUARY 24, MARCH 3, 17, 24, AND APRIL 14, 1999 Printed for the use of the Committee on Governmental Affairs ( U.S. GOVERNMENT PRINTING OFFICE 56±376 cc WASHINGTON : 1999 For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 VerDate 11-SEP-98 12:50 Sep 10, 1999 Jkt 000000 PO 00000 Frm 00002 Fmt 5011 Sfmt 5011 56376.TXT SAFF2 PsN: SAFF2 THE FUTURE OF THE INDEPENDENT COUNSEL ACT VerDate 11-SEP-98 12:50 Sep 10, 1999 Jkt 000000 PO 00000 Frm 00003 Fmt 6019 Sfmt 6019 56376.TXT SAFF2 PsN: SAFF2 COMMITTEE ON GOVERNMENTAL AFFAIRS FRED THOMPSON, Tennessee, Chairman WILLIAM V. ROTH, Jr., Delaware JOSEPH I. LIEBERMAN, Connecticut TED STEVENS, Alaska CARL LEVIN, Michigan SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii GEORGE V. VOINOVICH, Ohio RICHARD J. DURBIN, Illinois PETE V. DOMENICI, New Mexico ROBERT G. TORRICELLI, New Jersey THAD COCHRAN, Mississippi MAX CLELAND, Georgia ARLEN SPECTER, Pennsylvania JOHN EDWARDS, North Carolina JUDD GREGG, New Hampshire HANNAH S. SISTARE, Staff Director and Counsel FRED ANSELL, Chief Counsel ASH JAIN, Counsel JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel LYNN L. BAKER, Chief Clerk (II) VerDate 11-SEP-98 12:50 Sep 10, 1999 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 56376.TXT SAFF2 PsN: SAFF2 C O N T E N T S Opening statements: Page Senator Thompson.................................................................... 1, 141, 237, 325, 413 Senator Lieberman................................................................... 6, 142, 241, 326, 416 Senator Stevens ................................................................................................ 10 Senator Levin .................................................................................................. 10, 346 Senator Collins ................................................................................................. 16 Senator Durbin................................................................................................ 17, 273 Senator Domenici ............................................................................................. 19 Senator Cleland ................................................................................................ 20 Senator Cochran ............................................................................................... 21 Senator Akaka ........................................................................................ 21, 270, 350 Senator Torricelli ............................................................................................ 23, 276 Senator Specter....................................................................................... 42, 266, 344 Senator Edwards............................................................................................. 44, 279 WITNESSES WEDNESDAY, FEBRUARY 24, 1999 Hon. Howard H. Baker, Jr., Former Senate Majority Leader ............................. 26 Hon. Griffin B. Bell, Former U.S. Attorney General ............................................ 28 Joseph E. diGenova, Independent Counsel, Clinton Passport File Investiga- tion ........................................................................................................................ 56 Arthur H. Christy, Special Prosecutor, Hamilton Jordan Investigation ............. 64 Hon. Curtis Emery Von Kann, Independent Counsel, Eli Segal Investigation, Americorps Chief .................................................................................................. 73 WEDNESDAY, MARCH 3, 1999 Robert S. Bennett, Skadden, Arps, Slate, Meagher and Flom ............................. 144 Nathan Lewin, Miller, Cassidy, Larroca and Lewin ............................................. 153 George Beall, Hogan and Hartson .......................................................................... 187 Henry Ruth, Former Special Prosecutor, Watergate Special Prosecution Force 194 Robert B. Fiske, Jr., Davis, Polk and Wardwell ................................................... 198 WEDNESDAY, MARCH 17, 1999 Hon. Janet Reno, Attorney General, U.S. Department of Justice ....................... 242 John Q. Barrett, Assistant Professor of Law, St. John's University, New York, New York, and Former Associate Independent Counsel, Iran-Contra Investigation ......................................................................................................... 283 Philip B. Heymann, James Barr Ames Professor of Law, Harvard University, Cambridge, Massachusetts, and Former Deputy Attorney General, U.S. Department of Justice, and Former Watergate Special Prosecutor ................. 291 Charles G. La Bella, Former Supervising Attorney, Campaign Financing Task Force ...................................................................................................................... 294 WEDNESDAY, MARCH 24, 1999 Lawrence E. Walsh, Former Independent Counsel, Iran-Contra Investigation . 329 Samuel Dash, Former Chief Counsel to the Senate Watergate Committee and Former Ethics Advisor to Whitewater Independent Counsel Kenneth Starr ...................................................................................................................... 355 Julie Rose O'Sullivan, Former Assistant Prosecutor, Whitewater Investigation and Professor of Law at Georgetown University Law Center .......................... 364 Kenneth G. Gormley, Professor of Law, Duquesne University ............................ 371 (III) VerDate 11-SEP-98 12:50 Sep 10, 1999 Jkt 000000 PO 00000 Frm 00005 Fmt 5904 Sfmt 5904 56376.TXT SAFF2 PsN: SAFF2 IV Page WEDNESDAY, APRIL 14, 1999 Hon. Kenneth W. Starr, Independent Counsel ..................................................... 419 Hon. Richard D. Cudahy, Member, Special Division of the Court of Appeals .... 473 Hon. David B. Sentelle, Presiding Judge, Special Division of the Court of Appeals .................................................................................................................. 474 Hon. Peter T. Fay, Member, Special Division of the Court of Appeals ............... 481 ALPHABETICAL LIST OF WITNESSES Baker, Hon. Howard H. Jr.: Testimony .......................................................................................................... 26 Prepared statement .......................................................................................... 28 Barrett, John Q.: ...................................................................................................... Testimony .......................................................................................................... 283 Prepared statement .......................................................................................... 286 Beall, George: ........................................................................................................... Testimony .......................................................................................................... 187 Prepared statement .......................................................................................... 189 Bell, Hon. Griffin B.: ............................................................................................... Testimony .......................................................................................................... 28 Prepared statement .......................................................................................... 30 Bennett, Robert S.: Testimony .......................................................................................................... 144 Prepared statement .......................................................................................... 149 Christy, Arthur H.: Testimony .......................................................................................................... 64 Prepared statement with an attachment ....................................................... 65 Cudahy, Hon. Richard D.: Testimony .......................................................................................................... 473 Dash, Samuel: Testimony .......................................................................................................... 355 Prepared statement .......................................................................................... 358 diGenova, Joseph E.: Testimony .......................................................................................................... 56 Georgetown Law Review Article submitted as prepared statement ............ 59 Fay, Hon. Peter T.: Testimony .......................................................................................................... 481 Fiske, Robert B. Jr.: Testimony .......................................................................................................... 198 Prepared statement .......................................................................................... 205 Gormley, Kenneth
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