-Prohibited removal of the special prosecutor from office, except by impeachment
and conviction, or by personal action of the attorney general for extraordinary
impropriety, physical disability, mental incapacity or any other condition that
substantially impaired the prosecutor's performance.
-Required the attorney general to give a report stating reasons for removal of a
special prosecutor to the court unit and to the House and Senate Judiciary committees.
-Allowed a special prosecutor removed from office by the attorney general to seek
review of the action.
-Provided for termination of a special prosecutor's office when the special
prosecutor notified the attorney general that his or her investigation was completed,
or if the court unit determined that the special prosecutor's investigations were over.
-Required the special prosecutor to give the court unit a final report describing
disposition of all cases and reasons for not prosecuting any matter within the
prosecutor's jurisdiction.
-Prohibited the Justice Department from investigating any matters under the special
prosecutor's jurisdiction.
-Set a termination date for the special prosecutor mechanism five years after enactment
of the bill.
-Authorized the Chief Justice of the United States to assign three judges to serve on
the special court unit for two-year terms.
-Required the attorney general to write rules ordering Justice Department officials not
to participate in any investigation or prosecution if their participation could result in
a personal, financial or political conflict of interest, or the appearance of conflict.
-Provided that violation of the conflict of interest rule should result in removal from
office.
-Established an office of Senate Legal Counsel to be accountable to a joint Senate
leadership group consisting of the president pro tempore, the majority and minority
leaders and the chairmen and ranking minority members of the Senate Judiciary and
Rules committees.
-Required a two-thirds vote of the members of the joint leadership group, or
adoption of a privileged resolution by the Senate, to order the counsel to defend
the Senate or any member, officer or unit of the Senate in any civil action or
proceeding involving a subpoena.
-Defined other duties and powers of the Office of Senate Legal Counsel.
-Provided that in any action or proceeding where the Senate legal counsel was
representing the Senate or a Senate member or unit, the attorney general would have
no authority to represent the Senate except at Senate request.
In October 1978, Congress followed up a 1974 law designed to prevent the
destruction of former President Nixon's tapes and papers by clearing broader
legislation (HR 13500-PL 95-591) making most papers of outgoing presidents public
property.
After being favorably reported by the House Government Operations Committee Aug.
14 (H Rept 95-1487), the bill was passed by the House by voice vote under
suspension of the rules Oct. 10.
The Senate passed the measure by voice vote Oct. 13 after adding an amendment,
which the House accepted Oct. 15, clearing the measure for the president.
Background
Presidential papers traditionally had been considered the property of a president
when he left office, but the issue came to a head in the aftermath of the
Watergate scandal in 1974.
President Nixon had reached an agreement with Arthur Sampson, the general
services administrator, that would have given Nixon ownership and control of his
tapes and papers. The agreement allowed him to destroy any tape after five
years.
Congress overruled the agreement in 1974 when it passed legislation
(S 4016-PL 93-526) directing the General Services Administration to keep
possession of Nixon's papers and tapes and requiring explicit congressional
authorization for destruction of those materials. (1974 legislation,
Congress and the Nation Vol. IV, p. 952)
Provisions
While the 1974 act applied only to the Nixon materials, HR 13500 established
public ownership of all future presidential records beginning with the 1981
presidential term.
Under the bill, most presidential records become public property at the end
of a president's tenure in office.
The president could retain personal records, including diaries and journals,
materials relating to private political matters, or materials connected with
the president's election or the election of any other official.
The president also would retain the right to restrict access to certain
materials for up to 12 years if the documents fell within one of several
categories, including national defense or foreign policy, trade secrets,
confidential advice between the president and his advisers, personnel files or
files relating to presidential appointments.
The bill allowed all records to be made available: 1) to respond to a court
order or subpoena dealing with a civil or criminal proceedings; 2) to an
incumbent president if they were needed for the conduct of current business
and were not otherwise available; 3) to Congress if they were needed for the
conduct of its business and were not otherwise available; and 4) to the former
president or his representative.
HR 13500 provided similar treatment for vice-presidential records.
Seeking to curb fraud and waste in the federal government, Congress in 1978
cleared legislation (HR 8588-PL 95-452) establishing inspector general
offices in 12 federal agencies.
Each presidentially appointed inspector general would be subject to Senate
confirmation and would have full subpoena and investigatory powers to move
against waste and fraud in government programs. The General Account-...
(from CONGRESS AND THE NATION, VOL. V, copyright 1981 by Congressional Quarterly Inc.
WASHINGTON--Terry Anderson wants to see the files federal agencies compiled
about him during his seven years as a hostage in Lebanon, but says some
bureaucrats won't do it without permission from his terrorist kidnappers.
He named 13 government agencies as defendants in the suit he filed
yesterday in federal court, seeking to get documents he says are his by right
under the Freedom of Information Act.
Mr. Anderson was Middle East correspondent for the Associated Press when he
was kidnapped in Beirut in 1985. He was released in 1991.
(text of September 23, 1994 Globe and Mail article)
FOR AN UPDATE ON TERRY ANDERSON'S COURT ACTIONS, TAKE A BRIEF SIDESTEP HERE
DON'T THINK THE WISDOM OF THOMAS JEFFERSON IS PASSÉ YET IN WHAT YOU ARE ENTITLED TO FROM YOUR GOVERNMENT? LET YOUR VOICE BE HEARD: TAKE A BRIEF SIDESTEP HERE TO SIGN MY GUESTBOOK.
TO CONSIDER A NEW YORK TIMES-PUBLISHED OBITUARY, TAKE YOUR NEXT FOOTSTEP HERE.
47 FORDEN CRESCENT,
WESTMOUNT,
MONTREAL, P.Q.,
CANADA, H3Y 2Y5.
3067 WHITEHAVEN ST. N.W.,
WASHINGTON, D.C.,
U.S.A., 20008-3613.
16 OLDHOUSE LANE,
CHAPPAQUA, NEW YORK,
U.S.A., 10514-2717.
[AFTER JANUARY 20, 2001...THIS IS THE HOME ADDRESS THAT HE AND NEW YORK SENATOR HILLARY WILL HAVE WHEN THEY LEAVE THE WHITE HOUSE.]
CNN, WHEN THE ADDRESS WAS FIRST REPORTED IN THE PRESS, NOTED THAT ITS PREVIOUS GREATEST CLAIM TO FAME WAS THAT IT WAS THE BIRTHPLACE OF HORACE GREELEY.
PLEASE NOTE WHAT I QUOTED OF HIM IN WHAT YOU FIND IF YOU TAKE A BRIEF SIDESTEP HERE...WRITTEN IN 1987.
AND THAT WAS DERIVED FROM SOMETHING I WROTE IN 1982 AS IS SUBSTANTIATED BY WHAT YOU FIND IF YOU TAKE YOUR NEXT FOOTSTEP HERE.