RESEARCHER
Re: CIA officer Valerie Plame, U.S. HOUSE REPORT RESOLUTION
Thu Feb 5 16:42:55 2004
64.140.158.147

HPSCI REPORT ON PLAME RESOLUTION OF INQUIRY

The House Permanent Select Committee on Intelligence last week met
in closed session and then voted against a proposed "resolution
of inquiry" into the leak of clandestine CIA officer Valerie
Plame's identity.

"I am disappointed that the [committee] Chairman [Porter J. Goss]
did not even permit an open hearing to allow the public the
ability to assess and judge for themselves our deliberations,"
said Rep. Rush Holt (D-NJ), who had introduced the resolution.

"The fact that much of the HPSCI's oversight work must take place
in closed session does not mitigate the importance of, or the
probing nature of, the oversight to which U.S. Intelligence
Community is subjected by the HPSCI," said Chairman Goss.

See the new Report on the HPSCI action, dated February 3, here:

http://www.fas.org/irp/congress/2004_rpt/h108-413
=========================

Resolved, That--

(1) the President is requested to transmit to the House of Representatives not later than the date that is 14 days after the date of the adoption of this resolution, all documents, including telephone and electronic mail records, logs and calendars, personnel records, and records of internal discussions in the possession of the President relating to the disclosure of the identity of Ms. Valerie Plame as an employee of the Central Intelligence Agency during the period beginning on May 6, 2003, and ending on July 31, 2003; and

(2) the Secretary of State, the Secretary of Defense, and the Attorney General are each directed to transmit to the House of Representatives not later than such date, all documents, including telephone and electronic mail records, logs and calendars, and records of internal discussions in the possession of the Secretary of State, the Secretary of Defense, and the Attorney General, respectively, relating to such disclosure during such period.

PURPOSE AND SUMMARY

House Resolution 499, introduced by Representative Holt on January 21, 2004, requests the President, and directs the Secretary of State, the Secretary of Defense, and the Attorney General, to transmit to the House of Representatives not later than 14 days after the date of its adoption all documents, including telephone and electronic mail records, logs and calendars, personnel records, and records of internal discussions, in the possession of the President and those cabinet officers relating to the disclosure of the identity and employment of Valerie Plame during the period beginning on May 6, 2003, and ending on July 31, 2003.

BACKGROUND FOR THE LEGISLATION

House Resolution 499 is a resolution of inquiry, which pursuant to clause 7 of rule XIII of the Rules of the House of Representatives, directs the Committee to act on the resolution within 14 legislative days, or a privileged motion to discharge the Committee is in order. In calculating the days available for Committee consideration, the day of introduction and the day of discharge are not counted. 1

[Footnote] H. Res. 499 was introduced and referred to the Select Committee on Intelligence, and in addition referred to the Committees on Armed Services, International Relations, and the Judiciary on January 21, 2004.

[Footnote 1: `House Practice: A Guide to the Rules, Precedents, and Procedures of the House' Ch. 49, section 4, p. 819 (2003).]

Under the rules and precedents of the House, a resolution of inquiry is a means by which the House requests information from the President of the United States or the head of one of the executive departments. According to Deschler's Procedure, it is a `simple resolution making a direct request or demand of the President or the head of an executive department to furnish the House of Representatives with specific factual information in the possession of the executive branch.' 2

[Footnote]

[Footnote 2: Deschler's Precedents, H. Doc. No. 94-661, 94th Cong., 2d Sess., vol. 7, ch. 24, section 8.]

A Committee has a number of choices after a resolution of inquiry is referred to it. It may vote on the resolution up or down, or amend it. It can report favorable, adversely, or with no recommendation. The fact that a Committee reports a resolution of inquiry adversely does not necessarily mean that the Committee opposes looking into the matter. In the past, resolutions of inquiry have frequently been reported adversely for several reasons. The two most common reasons are substantial compliance and competing investigations.

In the first case, the Executive Branch may deliver documents which substantially comply with the resolution, thus making it unnecessary for the Committee to report the resolution favorably for floor action. In the second case, a Committee may decide the resolution may impede another investigation that is regarded as the more appropriate avenue for inquiry.

This resolution directs the President and the cabinet officers previously mentioned to turn over documents that are the subject of an ongoing criminal investigation by the Justice Department. That investigation was opened by the Justice Department in September of 2003 and appears to be moving at a rather expeditious pace. In October of 2003, the White House Counsel sent a notice to all White House employees to turn over copies of any documents for the ongoing Justice Department probe. In late October, the press reported that `[t]he FBI has interviewed more than three dozen Bush administration officials' as part of the DOJ investigation. 3

[Footnote] The Associated Press reported that `[b]oxloads of documents have been forwarded to the FBI team, including White House phone logs and e-mails. More documents are being produced, as the contents of individual items sometimes lead agents to request additional materials.* * *' 4

[Footnote]

[Footnote 3: Curt Anderson, Rove, McClellan Interviewed in CIA Leak Probe, Associated Press Newswires, Oct. 23, 2003.]

[Footnote 4: Id.]

On December 30, 2003, Attorney General John Ashcroft announced at a press conference that he had recused himself from the matter and had appointed Patrick Fitzgerald, United States Attorney for the Northern District of Illinois, as the special prosecutor in the case. According to press accounts in late January, Mr. Fitzgerald began submitting evidence before a federal criminal grand jury. 5

[Footnote] Press accounts also indicate that Mr. Fitzgerald has advised several high-level officials who have been employed by the White House that they could be summoned to testify under oath, and that he has asked other officials to meet with him informally. Mr. Fitzgerald is a veteran prosecutor known for his aggressiveness and persistence. He has extensive experience in national security and criminal matters.

[Footnote 5: Eric Lichtblau and David Johnston, Jury Said to Hear Evidence in C.I.A. Leak, New York Times, January 24, 2004, page A12.]

A grand jury is a powerful investigative tool that allows prosecutors to bring an indictment for criminal wrongdoing. It allows investigators to subpoena witnesses and documents, including telephone and electronic mail records, logs and calendars, personnel records and records of internal discussions--all of the records that this resolution seeks to obtain. It also allows prosecutors to bring charges for making false statements to investigators. As a special prosecutor in the case, Mr. Fitzgerald does not have to consult the Attorney General or other senior Justice Department officials before issuing subpoenas or granting immunity, as U.S. Attorneys in other matters would have to do.

There is precedent for a Committee to report a resolution of inquiry adversely to avoid jeopardizing a grand jury investigation. For example, in 1980, H. Res. 571 directed the Attorney General to furnish the House with `all evidence compiled by the Department of Justice and the Federal Bureau of Investigation against Members of Congress in connection with the Abscam investigation,' which was a Justice Department undercover operation that led to charges of criminal conduct against certain Members of Congress. The resolution also asked for `the total amount of federal moneys expended in connection with the Abscam probe.' 6

[Footnote]

[Footnote 6: 126 Cong. Rec. 4071 (1980).]

In that case, the House Judiciary Committee reported the resolution adversely. 7

[Footnote] Committee opposition to the resolution was unanimous. 8

[Footnote] The Justice Department `vigorously oppose[d]' the resolution. 9

[Footnote] The objections raised by the Department, with which the Judiciary Committee agreed, centered on the concern that disclosure of evidence to the House would jeopardize the ability of the Justice Department to successfully conduct grand jury investigations and to prosecute any indictments, and that the release of unsifted and unevaluated evidence `would injure the reputations of innocent people who may be involved in no ethical or legal impropriety.' 10

[Footnote]

[Footnote 7: H. Rept. No. 96-778, 96th Cong., 2d Sess. (1980).]

[Footnote 8: 126 Cong. Rec. 4073 (statement by Representative McClory).]

[Footnote 9: H. Rept. No. 96-778, at 2 (letter to Assistant Attorney General Philip B. Heymann).]

[Footnote 10: Louis Fisher, Congressional Research Service, Library of Congress, House Resolutions of Inquiry, at 14-15 (2003).]

In the present case, the Committee believes that the criminal investigation being conducted by the Justice Department into the Valerie Plame matter is the most appropriate avenue for determining the facts of the case and any wrongdoing that may have occurred. As of the filing of this report, that investigation is still ongoing and transmittal of the evidence to the House would likely jeopardize the ability of the Justice Department to conduct its investigation. Because this resolution of inquiry may impede that investigation, the resolution is reported adversely.

HEARINGS

No hearings were held on the bill, H. Res. 499, by the Permanent Select Committee on Intelligence.

COMMITTEE CONSIDERATION

On January 28, 2004, a quorum being present, the Committee, in open session, adversely reported the resolution H. Res. 499 by a roll call vote of 10 ayes, three noes, one Present.

As part of its consideration of this resolution, because classified information was in fact discussed, the Committee met, in part, in closed session.

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the House of Representatives, the Committee sets forth the following rollcall votes:

1. Representative Harman offered a motion to delay consideration of H. Res. 499 until February 24, 2004. The motion was defeated by a rollcall vote of nine noes and six ayes. On that vote, the Members present recorded their votes as follows: Mr. Goss (Chairman)--no; Mr. Bereuter--no; Mr. Boehlert--no; Mr. Gibbons--no; Mr. Lahood--no; Mr. Hoekstra--no; Mr. Burr--no; Mr. Everett--no; Mr. Collins--no; Ms. Harman--aye; Mr. Boswell--aye; Mr. Cramer--aye; Ms. Eshoo--aye; Mr. Holt--aye; Mr. Ruppersberger--aye.

2. Representative Goss offered a motion to report the resolution, H. Res. 499, adversely. The Committee agreed to the motion to report the resolution adversely by a rollcall vote of 10 ayes, three noes, and one Present. On that vote, the Members present recorded their votes as follows: Mr. Goss (Chairman)--aye; Mr. Bereuter--aye; Mr. Boehlert--aye; Mr. Gibbons--aye; Mr. Lahood--aye; Mr. Hoekstra--aye; Mr. Burr--aye; Mr. Everett--aye; Mr. Collins--aye; Ms. Harman--present; Mr. Boswell--no; Ms. Eshoo--no; Mr. Holt--no; Mr. Ruppersberger--aye.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee reports that the findings and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.

• RE: CIA LEAK - VIEW OF REPRESENTATIVE RUSH HOLT — REPRESENTATIVE RUSH HOLT, Thu Feb 5 16:54