IV
105TH CONGRESS
2D SESSION
H. RES. 431
Disapproving the manner in which Representative Burton has conducted
the Committee on Government Reform and Oversight’s investigation of
political fund-raising improprieties and possible violations of law.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1998
Mr. GEPHARDT submitted the following resolution; which was laid on the table
RESOLUTION
Disapproving the manner in which Representative Burton
has conducted the Committee on Government Reform
and Oversight’s investigation of political fund-raising im-
proprieties and possible violations of law.
Whereas the Supreme Court of the United States has noted
that, although the power to conduct investigations is in-
herent in the legislative process, that power is not unlim-
ited, may be exercised only in aid of the legislative func-
tion, and cannot be used to expose for the sake of expo-
sure alone;
Whereas the Supreme Court of the United States has further
noted that the investigative power of Congress contains
‘‘no general authority to expose the private affairs of in-
dividuals without justification in terms of the functions of
Congress’’;
HRES 431 LTH
Whereas Representative Burton is the only Member in the
history of the House of Representatives who has had the
power to unilaterally issue subpoenas and the power to
disclose information obtained therefrom, and has abused
these powers;
Whereas the Committee on Standards of Official Conduct has
determined that it is improper to alter a House document
if such alteration changes the meaning or extensively
modifies the document;
Whereas the Speaker of the House of Representatives has
correctly and steadfastly called for adherence to the Rule
of Law and emphasized that no man is above the law;
Whereas those upon whom the House of Representatives has
bestowed its Constitutional power to investigate must
abide by the Rule of Law, and must exercise the inves-
tigative power fairly and judiciously and in a manner
that will preserve the dignity of the House and reflect
credit thereon;
Whereas the Rules of the House of Representatives provide
that documents and other materials obtained pursuant to
a Committee subpoena are records of the Committee that
may not be publicly disclosed by a chairman without au-
thorization by the Committee;
Whereas the Committee on Government Reform and Over-
sight has adopted procedures governing the public disclo-
sure of documents and other materials obtained pursuant
to a Committee subpoena;
Whereas pursuant to a Committee subpoena, Representative
Burton obtained from the Department of Justice tape re-
cordings of the telephone conversations engaged in by
Webster Hubbell while in prison;
HRES 431 LTH
Whereas the Department of Justice advised Representative
Burton of his responsibility to pay special regard to the
sensitive nature of the tape recordings, which recordings
the Department of Justice could not lawfully disclose to
the public;
Whereas Representative Burton intentionally violated the
Rules of the House of Representatives and the proce-
dures of the Committee on Government Reform and
Oversight, and displayed an utter disregard for both the
privacy rights of those involved and the ability of the Bu-
reau of Prisons to perform its functions effectively by
publicly disclosing the tape recordings and transcripts of
telephone conversations between Webster Hubbell and his
wife, other family members, friends, and attorneys;
Whereas the transcripts publicly disclosed by Representative
Burton in violation of the Rules of the House of Rep-
resentatives and the procedures of the Committee had
been altered and selectively edited so as to mislead Mem-
bers of the House of Representatives and the public, dis-
tort the public record; impair the ability of the House of
Representatives to perform its legislative and oversight
functions, and violate the integrity of Committee proceed-
ings;
Whereas the materials publicly disclosed by Representative
Burton in violation of the Rules of the House of Rep-
resentatives and the procedures of the Committee con-
tained conversations between a husband and wife pertain-
ing to family, personal, medical, and marital problems;
and
Whereas, through these actions, his failure to abide by the
Rule of Law, and his consistent abuse of the investigative
powers of the House of Representatives, Representative
HRES 431 LTH
Burton has brought discredit upon the House of Rep-
resentatives: Now, therefore, be it
Resolved, That the House of Representatives dis-
approves of the manner in which Representative Burton
has conducted the Committee on Government Reform and
Oversight’s investigation of political fund-raising impro-
prieties and possible violations of law.
Æ