Date: 1981-12-01
Speaker: ROBERT C. BYRD (democrat)
Chamber: S

Mr. President. I share the majority leaders view and htis decision that the request that has been stated to us privately on yesterday and now publicly by the distinguished senior Senator from Hawaii be granted. It Is a reasonable request. It is a logical request. It Is a legitimate request. I share the majority leaders viewpointI do not presume to spealf for himthat legal counsel from outside the Senate should not speak on the floor of the Senate. In the final analysis. that would be a judgment for the Senate to make. of course. but I do not believe that legal counsel cutslde the Senate should address the Senate or ask questions of Senators or examine witnesses or crossexamine witnesses in the Senate Chamber. Legal counsel outside the Senate has not been elected to the Senate by any constituency and answers to no constituency through the political and representative process. I think that only Senators should speak to the Senate on this floor with respect to this or any other similar matter. That is not to say. however. that Senator WILLIAMS should not have ample opportunity on the floor to speak for himself or that he should not have an advocate or advocates on the floor In the persons of other Senators. I respect Senator INOUYE for assumIng this task. I admire him and. without any reservation. I Join wvith him in expressing to the majority leader the rightness of this course of action. I also share the majority leaders position that the Senate should not arrange its schedule In this matter In accordance with the schedule of any court. This Is not a legal proceeding which will occur in this Chamber. It Is a constitutional proceeding. It should not be equated with a legal proceeding in the sense that the accused would have witnesses. witnesses wouldbe sworn and would speak and would be examined and crossexamined by lawyers for the defense and for the opposite side. The Senate has the responsibility under the Constitution to determine the qualifications of Its own Members and to make decisions In cases of expulsion and censure and so on. I congratulate and thank the majority leader on acceding to the request of Mr. INOUYE. I also compliment the majority leader on adhering to wvhat he believes is the overriding prerogative and responsibility of the Senate. The Senate must reach a decision at some point In this matter. The majority leader has been most considerate in his decisions in regard to this matter. He has not rushed the Senate to Judgment. he has not pressed it at all unduly. But. having the responsibility of programing the work of the Senate. having the responsibility of upholding the Senates constitutional prerogatives and pressing for a Just and reasonabie decision in regard to one of the Senates responsibilities. he has. at all times. demonstrated a clear understanding of the process and also a cliar understanding of the sensitivities and the needs of Senator WILLIAMS. He has not sought for any partisan gain. If he had pressed the Senate for a decision today or tomorrow or the next day or last week or a month ago. I think there are those who might have perceived his actions and decisions as being partisan. But he has studiously bent over backward. based on my observations. to avoid that perception. I fully support his decision. as I have supported his previous Inclinations In this matter. because I think they have been right. I think they have been fully cognizant of the rights of a fellow Senator. But. also. he has kept in clear view the responsibilities of the institution. I again express my deepest admiration for. Senator INOUYE and I think that this Is the right conclusioin. I. therefore. yield the floor.