1 for inclusion in the Official Record before the Committee. As 2 3 4 grounds for such request, respondent would show that: "1. Special Counsel has set November 20,, 1980 as the cutoff point for the submission of material for inclusion of 5 material. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 : 21 22 "2. It has been the consistent position of respondent's counsel that all portions of the District Court proceeding must be included in the Committee's Official Record for an informed judgment by this Committee. It is the position of special "3. Special counsel has refused to include in the printed record the proceedings held in District Court on November 12 and 13, 1980. The transcript of these proceedings are not yet 1 2 3 4 5 6 7 the December hearings scheduled by Judge Penn for December in United States District Court." I might clarify, the hearings are set for December 17 through December 20. "Respondent John W. Jenrette believes that simple fair ness requires the record before the Committee to be held open until such time as all of the evidence can be presented. Any 8 decision made without all of the evidence present can be termed The Chairman. All right. Now, the procedure we will follow at this point is, I will ask Mr. Prettyman to respond. First of all, you will note that counsel says that he obtained the printed record on November 19th. Actually, the entire record was available in my office on October 17th, a month ago, and you will see from a letter of mine of that date which will be introduced shortly as Exhibit F, that I told Mr. Robinson that the record was available and asked him to come and cross designate those portions of it which he wished to cross 11 When he told me in response that he wanted the entire 13 record in, I objected to - I thereupon included in this 14 15 16 printed record all of the trial testimony, all of the evidence, including some I might say which I thought was entirely The only things left were the pleadings, the bench conferences, the arguments out of the hearing of the jury, Mr. Stowe's attorney summation, matters of that sort, but the evidence is all here. What counsel is really trying to do when he talks about all portions of the District Court proceeding is to include not only the pre-trial motions and the bench conferences and 25 2 3 4 5 arguments, but also the proceedings that are still going on, case, are not relevant to the matter for consideration before The essential matters for consideration before this com 6 mittee today I would remind you are whether offenses have 7 been committed which are within the jurisdiction of the committee 8 and I submit that you can determine that from the evidence 9 that was introduced at the trial, all of which is now before 10 you. 11 The Chairman. Then the procedure we will follow at this 12 13 14 155 16 point would be that I would like you to read the next one you want to read. Mr. Robinson. Is it inappropriate for me to have an opportunity to make a brief reply to what was said? The Chairman. 16 You can reply. Thank you. I would say first that Mr. Prettyman knows that on October 17th I was still engaged in trial before the same Judge Penn, Now, the Jenrette matter ended October 7th. Judge Penn made me begin a four-week sports betting conspiracy case before him two days after the Jenrette verdict, over my very strong oejctions. I was in trial until I think the verdict came in the day after the election, November 5, 1980. I was in trial before : Judge Penn. I do not have the privilege of having a 200-man - law firm, I almost called him Mr. Carter Mr. Prettyman has. 2 3 We have certain time problems. 4 5 Secondly, he says, Mr. Prettyman says much of what I want admitted is irrelevant and immaterial. 6 7 Of course I challenge Mr. Prettyman when was the last time he tried a jury trial in a criminal case? He doesn't 8 know what is irrelevant and immaterial. He doesn't know 9 what a Federal Judge ruled was relevant and material. The 13 14 15 The Chairman. But it has all been put in? Mr. Robinson. No, it hasn't. Mr. Prettyman says all. Mr. Prettyman, with all due respect, is a downtown civil 16 He doesn't have the ability to interpret what is 17 18 19 20 crucial to a conspiracy case and what constitutes violations of law. Judge Penn has serious questions about whether Jenrette did anything wrong or not, and he hasn't ruled whether to set aside the verdict. That wasn't a matter before the committee on the Myers case. The judgment, notwithstanding the verdict, as members and judges know, is a very serious negotiation. Usually they are denied willy-nilly because there is insufficient evidence |