the money not out of a sense of decency or decorum but rather as an attempt to seal himself off from a charge of bribery. He confirmed in a telephone call immediately after the Stowe pickup and in numerous conversations thereafter (particularly on January 7, 1980) that he had in fact received the money. He even showed concern about the serial numbers on the bills, to make certain they could not be traced to him. The basic offense, therefore, was no different than if he had taken the money personally.

The elements of intoxication and entrapment were not in the Myers case. The Committee will have to determine for itself whether Jenrette reveals on the tapes the requisite knowledge of what he was doing, the necessary specific criminal intent, and the predisposition to commit the crimes with which 30/ he was charged. Special Counsel submits that the jury's conclusions on these issues were fully justified by the record

as a whole.

There is an added dimension to this case that was
Here, Jenrette attempted to obtain an

not present in Myers.

30/

It should be noted that not even Jenrette claims to have been intoxicated during all of his recorded conversations. Moreover, the Government's expert on alcoholism, while acknowledging that Jenrette certainly was an alcoholic, strongly contended that on the key occasions recorded on the tapes, Jenrette was fully aware of the surrounding circumstances and of what he was doing.

404

additional $125,000 from the undercover agent on the false claim that he would in turn bribe a United States Senator. Jenrette admitted that his claims in regard to Senator Thurmond were false. His actions in regard to this one matter alone would appear to demand the most severe sanction available to the House of Representatives. When this matter is included with

all of the other actions taken by the Representative, Special Counsel submits that not only have offenses been proven over which the Committee has jurisdiction, but that -- if the Committee votes to proceed to the sanction stage Counsel will have no alternative but to recommend expulsion from the House as the only sanction remotely appropriate to the course of conduct revealed by the record.

11

Special

There is no avoiding the fact that, as agent DeVito said, "I made the offer; at any time he could have walked out" (Tr. 506; see Tr. 867, 1785, 1989). And as Agent DeVito also said: "Jenrette demonstrated the qualifications in his mind. for greed" (Tr. 527). The record clearly shows that this greed led Representative Jenrette to engage for many months in a pattern of conduct that violated the most basic rules and

principles of the House of Representatives.

Accordingly, Special Counsel recommends that the

Committee conclude, on the basis of the overwhelming evidence

in the record, that Representative Jenrette did commit

405

offenses within the jurisdiction of this Committee.

31/

The

Committee, therefore, should proceed promptly to a hearing

to determine the most appropriate sanction for those offenses.

These include violations of House Rule XLIII, Clause 1
("[a] Member * * * shall conduct himself at all times in a
manner which shall reflect creditably on the House of
Representatives"), Clause 2 ("[a] Member*** shall adhere
to the spirit and the letter of the rules of the House of
Representatives and to the rules of the duly constituted
committees thereof"), and Clause 3 ("[a] Member *** shall
receive no compensation nor shall he permit any compensa-
tion to accrue to his beneficial interest from any source,
the receipt of which would occur by virtue of influence
improperly exerted from his position in the Congress").
See also Rule 5 of the Code of Ethics for Government
Service, House Concurrent Resolution 175, 72 Stat. pt. 2,
p. B12 (July 11, 1958), ("Any person in Government service
should * * * never accept, for himself or his family,
favors or benefits under circumstances which might be con-
strued by reasonable persons as influencing the performance
of his government duties.")

406

Jenrette Hearing Exhibit A

IN

96TH CONGRESS

2D SESSION

H. RES. 608

Authorizing an investigation and inquiry by the Committee on Standards of
Official Conduct.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 1980

Mr. BENNETT (for himself, Mr. SPENCE, Mr. HAMILTON, Mr. HOLLENBECK, Mr.
PREYER, Mr. LIVINGSTON, Mr. SLACK, Mr. THOMAS, Mr. FOWLER, Mr.
SENSENBRENNER, Mr. STOKES, and Mr. CHENEY) submitted the following
resolution; which was referred to the Committee on Rules

RESOLUTION

Authorizing an investigation and inquiry by the Committee on
Standards of Official Conduct.

Whereas rule XLIII of the Rules of the House of Representa-
tives sets forth the Code of Official Conduct for Members,
officers, and employees of the House of Representatives
and, among other things, prohibits the acceptance of gifts,
directly or indirectly, from foreign nationals or their agents
or from any person having a direct interest in legislation
before the Congress or the acceptance of compensation from
any source for the exertion of improper influence, and pro-
vides that all such Members, officers, and employees shall

(407)

conduct themselves at all times in a manner which shall reflect creditably on the House of Representatives; and Whereas Federal law prohibits the receipt of anything of value

by any Member of Congress to influence his performance of his official duties or to reward or compensate him, other than as provided for by law, for the performance of those duties (18 U.S.C. 201, 203); prohibits the receipt of unauthorized fees relating to naturalization or citizenship (18 U.S.C. 1422); and prohibits conspiracy to commit any offense against the United States (18 U.S.C. 371); and

Whereas information has come to the attention of the House of Representatives alleging that certain Members of the House of Representatives have improperly accepted or agreed to accept money from undercover Federal agents and others in the course of an investigation initiated and/or conducted by the Federal Bureau of Investigation; and

Whereas clause 4(e)(1) of rule X of the Rules of the House of Representatives entrusts the Committee on Standards of Official Conduct with the authority (1) to recommend to the House of Representatives from time to time such administrative actions as it may deem appropriate to establish or enforce standards of official conduct for Members, officers, and employees of the House of Representatives, (2) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of the Code of Official Conduct or of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities and, after notice and hearing, to recommend to the House of Representatives, by resolution or otherwise, such action as the committee may deem appropriate in the circumstances, and

408