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12:15
leaks
Mitchell
proposal
Stevens - OK
Rudman - OK
Gorton - Ann - OK
Simpson - 
Lott - susan
Thurmond - OK
Seymour - OK
8
Pat
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PROPOSAL FOR INVESTIGATION
1. Special Independent Counsel: jointly appointed by the two Leaders
2. F.B.I., G.A.O. (and other Federal agencies as appropriate) to be utilized to conduct the investigation;
3. Investigation to cover unauthorized disclosures in connection with the following investigations:
A. Nomination of Clarence Thomas to be an Associate Justice to the Supreme Court, by the Committee on the Judiciary;
B. Relationship of Charles Keating with 5 Senators, by the Select Committee on Ethics;
C. Hearings of the Subcommittee on Antitrust, Monopolies, and Business Rights of the Committee on the Judiciary concerning the restructuring of the financial services industry, with respect to its investigation of CenTrust Bank of Miami, Florida; and
D. Nomination of Timothy Ryan to be Director of the Resolution Trust Corporation, by the Committee on Banking, Housing, and Urban Affairs;
4. Special Independent Counsel to have authority to conduct depositions under oath, issue subpoenas, and seek appropriate ruling / enforcement by the Rules Committee for any witness who refuses to cooperate with the investigation;
5. Upon completion of the investigation, the Special Independent Counsel shall report to the Senate; the report will include:
A. Determination on whether any Federal law may have been violated; identification of appropriate law enforcement agency to which the potential violation should be referred;
B. Determination on whether any rules of the Senate may have been violated;
C. Recommendations for disciplinary actions that should be taken against any Senator, officer, or employee of the Senate responsible for the unauthorized disclosures;
D. Recommendations for any changes in Federal law or in Senate rules that should be made to prevent similar unauthorized disclosures in the future.
QUESTION: Should there be a date certain by which time the report must be submitted?
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PROPOSAL FOR INVESTIGATION
1. Special Independent Counsel: jointly appointed by the two Leaders
2. F.B.I., G.A.O. (and other Federal agencies as appropriate) to be utilized to conduct the investigation;
3. Investigation to cover unauthorized disclosures in connection with the following investigations:
A. Nomination of Clarence Thomas to be an Associate Justice to the Supreme Court, by the Committee on the Judiciary;
B. Relationship of Charles Keating with 5 Senators, by the Select Committee on Ethics;
C. Hearings of the Subcommittee on Antitrust, Monopolies, and Business Rights of the Committee on the Judiciary concerning the restructuring of the financial services industry, with respect to its investigation of CenTrust Bank of Miami, Florida; and
D. Nomination of Timothy Ryan to be Director of the Resolution Trust Corporation, by the Committee on Banking, Housing, and Urban Affairs;
4. Special Independent Counsel to have authority to conduct depositions under oath, issue subpoenas, and seek appropriate ruling / enforcement by the Rules Committee for any witness who refuses to cooperate with the investigation;
5. Upon completion of the investigation, the Special Independent Counsel shall report to the Senate; the report will include:
A. Determination on whether any Federal law may have been violated; identification of appropriate law enforcement agency to which the potential violation should be referred;
B. Determination on whether any rules of the Senate may have been violated;
C. Recommendations for disciplinary actions that should be taken against any Senator, officer, or employee of the Senate responsible for the unauthorized disclosures;
D. Recommendations for any changes in Federal law or in Senate rules that should be made to prevent similar unauthorized disclosures in the future.
QUESTION: Should there be a date certain by which time the report must be submitted?
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Editorial 
The Leak
Being in the news business, we will admit to being somewhat ambivalent about leaks, but, clearly, there are benign leaks and evil leaks, and the leak to Nina Totenberg that evidently came from the Senate Judiciary Committee falls into the evil category. In giving her sworn statement to the FBI, Prof. Anita Hill wanted to keep her tale of alleged sexual harassment confidential; in giving his sworn statement to the FBI, Judge Clarence Thomas wanted to keep his denial of those charges confidential; so did the other interviewees (there was at least one). These were eminently reasonable requests and they were acceded to; a solemn promise of secrecy was made. The committee reviewed the FBI report carefully, giving members a chance to comment, to judge for themselves, even to ask for further information. Chairman Joe Biden (D-Del) acted appropriately: He and his colleagues treated the charges seriously and quietly and formed a judgment. Thus, the 7-7 vote in committee, leading, one presumed, to action on the floor on Oct. 8. But the leak to Totenberg disrupted the process, inflamed passions, and led to the truly disgusting spectacle that unfolded last week in the Russell building. In the end, the hearings - which amounted to little more than Hill making her charges (enhanced from her original statement to the FBI with new and lurid detail) and Thomas defending himself against them - added nothing, other than to stain forever the Judge's reputation, to damage the Senate, and to provide gaudy entertainment for the masses. The vote Tuesday, Oct. 15, was pretty close to the vote that was expected Tuesday, Oct. 8.
We believe strongly that the leaker should be brought to justice - for the crime he or she committed against the Senate, Judge Thomas, and Professor Hill. Sens. Howard Metzenbaum (D-Ohio) and Paul Simon (D-III) have suddenly become enamored of lie-detector tests, and there would be a delightful irony if they, the other members of the committee, and their staffs could be forced to take such examinations. But it's an irony we'll resist; unlike many Hill supporters last week (including, sadly, Vermont Democratic Sen. Pat Leahy, who should know better), we believe the use of lie detectors is an affront to civil liberties, period, in whatever cause. Lie detectors aren't necessary; depositions taken by the FBI of staffers, Members, and others under oath will do quite nicely.
This is not an Ethics Committee matter. After all, the leak might not have come from the Senate itself. It is a matter best left to an outside law enforcement agency, and we urge the Senate to pass a resolution authorizing an FBI probe.
This investigation should not set a precedent. While Senate Majority Leader George Mitchell (D-Maine) equated the leak in the Thomas case to leaks that emanated from the Keating probe, they are quite different. Senators victimized by leaks are well equipped to take care of themselves. But the leak of FBI reports concerning private citizens who desired confidentiality and a respected US Appellate Court Judge up for confirmation is a different matter entirely. It is a vicious crime, and the miscreant should be found and punished.
Page 4 ROLL CALL Thursday, October 17, 1991