Congressional investigations and oversight : case studies and analysis / Lance Cole, Stanley M. Brand.
2011
KF4942 .C65 2011 (Map It)
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Details
Author
Title
Congressional investigations and oversight : case studies and analysis / Lance Cole, Stanley M. Brand.
Published
Durham, N.C. : Carolina Academic Press, [2011]
Copyright
©2011
Call Number
KF4942 .C65 2011
ISBN
9781594606229 (pbk.)
1594606226 (pbk.)
1594606226 (pbk.)
Description
xv, 557 pages ; 26 cm
System Control No.
(OCoLC)649702061
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Table of Cases
xi
Preface
xv
ch. One
Background and History: Congressional Investigations at the Beginning of the Twentieth Century[—]Broad Investigative Powers
3
Introduction
3
The Teapot Dome Scandal
4
McGrain v. Daugherty
5
Notes and Questions
14
Teapot Dome[—]Continued
16
Sinclair v. United States
16
Notes and Questions
23
The Pecora Wall Street Investigation
25
The Transformation of Wall Street
25
Notes and Questions
31
Senate Resolution 56 and Floor Debate
32
Senate Resolution 84
35
ch. Two
Mid-Century Developments: Overreaching and New Limits on Congressional Investigative Powers
39
Introduction: After Pecora
39
The Truman Committee
41
"The Job That Made Truman President"
43
Notes and Questions
49
Excess and Abuse of Power: The Dies Committee and HUAC
51
Congressional Investigations Law and Practice
51
Notes and Questions
58
Alger Hiss: How Not to Be a Congressional Witness
60
The Nadir: McCarthyism Holds Sway
62
Introduction to 2003 Printing of the 1953-54 Executive Sessions of the Senate Permanent Subcommittee on Investigations of the Committee on Government Operations
63
Notes and Questions
77
Aftermath: The Supreme Court Sets Some Limits
80
Watkins v. United States
82
Notes and Questions
87
ch. Three
Misconduct and Cover-ups at the Highest Levels of Government: Congressional Investigation of the Watergate Scandal
93
Introduction
93
Overview: A Watergate Primer
94
Star Witness: John Dean's Nationally Televised Indictment of the Nixon Administration
98
John Dean's Senate Testimony
103
Notes and Questions
119
The Revelation of the White House Taping System
124
A. The Man Who Asked the Question: The Account of Senate Investigator Donald Sanders
125
B. The Man Who Answered the Question: The Account of Former Nixon Aide Alexander Butterfield
130
Notes and Questions
138
The Battle for the Tapes
140
Senate Select Committee on Presidential Campaign Activities v. Nixon
141
United States v. Nixon
146
Notes and Questions
151
ch. Four
Separation of Powers and Disputes between the Political Branches of Government: The Reagan EPA and Bush U.S. Attorneys Removal Cases
161
Introduction
161
The House of Representatives EPA "Superfund" Investigation and the Anne Gorsuch Burford Contempt Proceedings
163
Constitutional Confrontations: Preserving a Prompt and Orderly Means by Which Congress May Enforce Investigative Demands Against Executive Branch Officials
164
Prelude to a Showdown: The Reagan Administration Asserts Executive Privilege
165
The White House
165
The White House
167
Office of the Attorney General
168
Office of the Attorney General
169
Office of the Clerk, U.S. House of Representatives
173
Showdown in U.S. District Court
178
United States v. House of Representatives of the United States
180
Notes and Questions
183
Testimony of Stanley M. Brand, General Counsel to the Clerk of the House of Representatives
184
Office of the Clerk, U.S. House of Representatives
195
The Bush Administration U.S. Attorneys Removal Investigation and the Miers/Bolten Contempt Proceedings
196
Background on U.S. Attorneys
197
The House Judiciary Committee Investigates the U.S. Attorneys Matter
199
Office of the Attorney General
201
U.S. Department of Justice, Office of Legislative Affairs
202
Committee on Judiciary, United States House of Representatives v. Miers
204
Agreement Concerning Accommodation
214
Notes and Questions
216
ch. Five
The Fifth Amendment Privilege against Self-Incrimination and Congressional Grants of Immunity: The Iran-Contra Investigation
229
Introduction
229
Background on the Fifth Amendment and Immunity Grants
230
Procedure for Congressional Immunity Grants
231
"Use" Immunity Compared with "Transactional" Immunity
233
Iran-Contra and the Immunized Testimony of North and Poindexter
235
Background
235
Final Report of the Independent Counsel for Iran/Contra Matters
235
The Oliver North Phenomenon
240
North's Congressional Testimony
243
Joint Hearings on the Iran-Contra Investigation
243
Notes and Questions
305
The North and Poindexter Use Immunity Grants in the Courts
310
The Initial Decision in United States v. North (North I)
310
United States v. North
310
Notes and Questions
315
Application of the North Decision
316
Final Report of the Independent Counsel for Iran/Contra Matters
319
Notes and Questions
322
Historical Perspective and Final Observations on Iran-Contra
323
Final Report of the Independent Counsel for Iran/Contra Matters
324
Notes and Questions
330
ch. Six
The Attorney-Client Privilege in Congressional Investigations: The Whitewater Notes Dispute
333
Introduction
333
Overview: The Attorney-Client Privilege and the Work Product Doctrine
333
Revoking Our Privileges: Federal Law Enforcement's Multi-Front Assault on the Attorney-Client Privilege (And Why It Is Misguided)
334
Notes and Questions
343
The William Kennedy Whitewater Notes Dispute
347
Refusal of William H. Kennedy, III, to Produce Notes Subpoenaed by the Special Committee to Investigate Whitewater Development Corporation and Related Matters
347
Notes and Questions
360
Aftermath: Production of the Kennedy Notes to the Whitewater Committee
368
Investigation of Whitewater Development Corporation and Related Matters
369
Notes and Questions
386
ch. Seven
Impeachment: The Nixon and Clinton Presidential Impeachment Proceedings
391
Overview of the Impeachment Process
391
Walter L. Nixon v. United States
394
Notes and Questions
401
Impeachment and Parallel Criminal Proceedings: President Richard M. Nixon
409
Notes and Questions
419
The Constitutional Grounds for Presidential Impeachment: President Bill Clinton
422
The Starr Referral
424
Referral to the United States House of Representatives pursuant to Title 28, United States Code, [§] 595(c), Submitted by the Office of the Independent Counsel
424
The Clinton Articles of Impeachment
430
Articles of Impeachment against President William Jefferson Clinton
430
The "Closing Argument" of Senator Bumpers in the Senate Impeachment Trial
433
Post-Impeachment: Final Resolution of the Independent Counsel Investigation of President Clinton
436
Notes and Questions
441
ch. Eight
Special Independent Investigative Commissions: The Roberts Commission, the Warren Commission, and the 9/11 Commission
455
Introduction
455
Overview of American Investigative Commissions
456
The Roberts Commission and Pearl Harbor
460
Notes and Questions
464
The Warren Commission and the John F. Kennedy Assassination
465
Notes and Questions
476
The 9/11 Commission
479
Notes and Questions
490
ch. Nine
Concluding Observations: The Challenges of Representing Clients in Congressional Investigations and the Importance of Aggressive Congressional Oversight
515
Representing Clients in Congressional Investigations
515
Psychological and Attitudinal Preparation for Congressional Testimony
515
Avoiding False Statements, Perjury, and Obstruction of Justice Charges
519
The Perjury Paradox: The Amazing Under-Enforcement of the Laws Regarding Lying to Congress
520
Notes and Questions
523
The Importance of Aggressive Congressional Oversight
529
Under Attack: Congressional Power in the Twenty-First Century
530
Notes and Questions
537
A Wake-Up Call for the 111th Congress
543
About the Authors
547
Index
549