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Mr. MITCHELL. Mr. President, I send to the desk a resolution on the production of documents by the Senate Committee on Intelligence and representation by the Senate legal counsel, and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
A resolution (S. Res. 278) to authorize representation of and production of documents by the Select Committee on Intelligence in the case of United States versus Barnett.
The PRESIDING OFFICER. Is there objection to the immediate consideration of the resolution?
There being no objection, the Senate proceeded to consider the resolution.
Mr. MITCHELL. Mr. President, the defendant in a criminal proceeding in the Southern District of New York has caused the issuance of subpoenas to the Select Committee on Intelligence and the Select Committee on Secret Military Assistance to Iran and the Nicaraguan Opposition for documents relating to an Iran-Contra witness. Pursuant to the resolution which established the Senate Iran-Contra Committee, all of the committee's records have been transferred to the Intelligence Committee.
The defendant, a Florida lawyer whose law firm had represented Ashland Oil, is charged with a conspiracy to defraud Ashland by selling to the National Iranian Oil Co. confidential Ashland documents regarding a dispute between the two companies about payment for deliveries of crude oil. One of the alleged coconspirators, Roy M. Furmark, had been a witness before the Senate Intelligence Committee and the Iran-Contra Committee. The Senate Legal Counsel has been advised that the materials concerning Furmark are being sought in connection with his expected testimony for the prosecution.
Furmark testified at a closed hearing of the Intelligence Committee in December 1986 and at a closed Iran-Contra deposition in July 1987. His testimony before the Iran-Contra Committee is described in the committee's report. With a few deletions, Furmark's Iran-Contra deposition has been published. The Intelligence Committee reported on Furmark's testimony in its public report in February 1987.
The following resolution will enable the chairman and vice chairman of the Intelligence Committee to provide a transcript of the witness' testimony before that committee to the district court for examination in camera. If the court determines that it should be provided to the defendant in the interest of justice, appropriate steps would be taken to declassify the transcript. To the extent that a privilege against disclosure should be asserted for any aspect of the subpoenas, the resolution vests discretion in the chairman and vice chairman of the Intelligence Committee to assert privilege, and authorizes the Senate Legal Counsel to represent the committee.
The PRESIDING OFFICER. The question is on agreeing to the resolution.
The resolution was agreed to.
The preamble was agreed to.
The resolution, with its preamble, is as follows:
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Whereas, in the case of United States v. Barnett, No. 89 Cr. 699, pending in the United States District Court for the Southern District of New York, defendant Charles D. Barnett has caused the issuance of subpoenas for certain documents within the custody and control of the Select Committee on Intelligence;
Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. 288b(a) and 288c(a)(2) (1988), the Senate my direct its counsel to represent committees of the Senate with respect to subpoenas issued to them;
Whereas, by the privileges of the Senate of the United States and Rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate may, by the judicial process, be taken from such control or possession but by permission of the Senate;
Whereas, when it appears that evidence under the control or in the possession of the Senate is needed for use in any court for the promotion of justice, the Senate will take such action as will promote the ends of justice consistent with the privileges of the Senate;
Whereas, certain of the documents requested have been classified in the interests of national security; Now, therefore be it
Resolved, That the Senate Legal Counsel is directed to represent the Select Committee on Intelligence in the case of United States v. Barnett, No. 89 Cr. 699 (S.D.N.Y.).
Sec. 2. The chairman and vice chairman of the Select Committee on Intelligence are authorized to provide under appropriate security controls copies of relevant documents in the custody and control of the committee which are responsive to subpoenas in the case of United States v. Barnett, except concerning matters for which a privilege should be asserted.
Mr. MITCHELL. I move to reconsider the vote by which the resolution was agreed to.
Mr. DOLE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. MITCHELL. Mr. President, I ask unanimous consent that Senator Dole be recognized to address the Senate and that, upon the completion of his remarks, the Senate stand in recess under the previous order, until 9:45 a.m. tomorrow.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MITCHELL. Mr. President, I ask that the prior order be vitiated, and I now ask unanimous consent to withdraw the motion to proceed to S. 135.
The PRESIDING OFFICER. Without objection, it is so ordered. The motion to proceed is withdrawn.
Mr. MITCHELL. I now ask unanimous consent, Mr. President, that Senator Dole be recognized to address the Senate and, upon the completion of his remarks, that the Senate stand in recess until 9:45 a.m. tomorrow.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Kansas [Mr. Dole] is recognized.
END