Mr. Prettyman. All right. It either was not offered or was not admitted. That certainly shows that there is some problem with that transcript. That is number one. The second thing is, as I say, this committee, I believe, should not be considering matters under Rule 14 outside the trial transcript except the testimony that it hears here today. Mr. Robinson. This is why the bill is $250,000. We are quibbling over nothing. 9 10 I don't see why this will hurt anyone to have the transcripts available to review when he listens to the tape. If you 16 17 I do want to go forward. Without objection, the tape will be admitted as speaking for itself, something that has been before the court, and I am 18 going to admit also with the background of what has been said about the transcript, that it was prepared by the lawyer for Mr. Jenrette, for what value the committee wants to assign to it. I am reluctant to say no new evidence can be submitted in this trial, in this proceeding. I think it can. Therefore, both items will be admitted, having had the background, unless 25 there is objection. 25 2 3 5 7 8 9 10 Yes? Mr. Thomas: Could we have the proviso that we listen to the tape before we look at the transcript? hear. It concerns me that you would be reading the transcript hear the tape and then look at the transcript so that the at the time you are hearing the tape. The Chairman. I don't think that is a thing we need to rule on here. I think we can handle that ourselves. 11 12 13 Mr. Sensenbrenner. Reserving the right to object, Mr. Chairman, it seems that there ought to be some testimony by the 14 person who prepared the transcript stating to its accuracy at the trial. Given this dispute, I am not prepared to accept anybody's statement that the transcript that is being placed before us is an accurate transcript. Mr. Robinson. that would be a nice predicate. I would agree with the committee member as to one point. Mr. Robinson, I am not debating with Mr. Sensenbrenner. 22 you. I am reserving the right to object when the Chairman asked if there was objection in this committee. Mr. Robinson. I appreciate that. 2 Mr. Sensenbrenner. I think that is for the members of 3 the committee to decide. We have heard quite a bit from you 4 on the entire issue of this transcript and I am just making the 5 6 7 9 10 11 12 13 14 point, not for your edification, but for the edification of my colleagues on the committee. both of these items, since they were lumped together in my request for unanimous consent, therefore the transcript, as it now stands, is not going to be admissible. Is there any objection to admitting the entire tape? There being none, that will be admitted. If you submit also the affidavit in due course setting out the veracity of the thing from the attorney, we will then consider that at that time and I will ask again at that time if there is any objection. (The document referred to was marked Exhibit C for identification and received in evidence.) 2 6 7 Mr. Robinson. So until we have the opportunity to get the affidavit from Mr. Vardaman or whoever in his office prepared that transcript, the record will not be closed, until that is permitted The Chairman. No, you can't make that assumption. Mr. Robinson. How can we have a finding of fact based on how far we go until we get the record complete? The Chairman. I am not going to state for you the procedures I am going to follow. When the issue comes up. I will 12 13 14 that, giving a whole day from some person in Mr. Vandaman's I just say with all due deference I do not see any purpose in me going out and trying to get an affidavit as we come into 21 22 office and when I get here be told that the committee has already closed the fact-finding process and I have wasted my time, time I might add, I am not being paid. I know Mr. Jenrette's problem with money. I am doing it for free. The Chairman. I have already ruled. Do you have another thing you wish to submit? Mr. Robinson. We have a tape recording dated December 3. This is the tape recording that was admitted into evidence at 23 the trial and which was played. It is quite inaudible. We think it is important that the committee hear how inaudible it is because it goes to the alleged sinister motives of Mr. Robertson. We have a December 9, 1979 tape made by 8 9 10 11 tion admitted and played to the jury and the trial. I believe there is a transcript Exhibit 81 which was admitted into evidence Mr. Prettyman. I think all these are already part of 12 the have already been submitted - all the tapes that were admitted at trial have been placed before the committee. Mr. Robinson. I do not think Q-386 was placed before the committee. This is a conversation, December 9, after the bribes supposedly occurred, that Mr. Stowe told Mr. Weinberg that if in fact you help Mr. Jenrettee on this Aristo Island deal, you will be in the driver's seat, a very important piece of evidence which shows they weren't in the driver's seat because they knew that Jenrette had not gotten the bribe. Mr. Prettyman. but not introduced? Mr. Robinson. It was marked and introduced and played. I even used it in final argument. Mr. Prettyman. I have no objection to it. I think we |