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JAMES ABOUREZK, South Dakota

FRANCIS C. ROSENBERGER, Chief Counsel and Staff Director

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CONTENTS

Page

HEARING DAYS

EXHIBITS

DOCUMENTS RELATED TO LITIGATION

Numbers in light face type indicate page where exhibit is submitted for record. Numbers in italic face

type indicate page where exhibit appears.

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Exhibit 21: Department letter to Representative Ichord re United States
Servicemen's Fund v. Eastland___

Exhibit 22: Order of court in Halperin v. Kissinger_.

Page

140, 375 142, 377

Exhibit 23: Excerpt from oral argument in Consumers Union case.
Exhibit 24: Motion of Watergate Committee in Nixon v. Sirica.......

143, 377

167, 378

Exhibit 25: Order of Court on Motion of Watergate Committee in Nixon v.
Sirica...

167, 379

Exhibit 26: Excerpts from House debate regarding Lovett Case-
Exhibit 27: Excerpts from Senate debate regarding Smith case.
Exhibit 28: Amicus Brief of House in Lovett...

167, 380

167, 382

168, 399

Exhibit 29: Motion to Intervene by Representative Moss in Ashland Oil v.
FTC....

168, 404

Exhibit 30: Correspondence regarding Senate Appearance in Lovett case.
Exhibit 31: January 27, 1931, Memorandum for the Attorney General by
Erwin N. Griswold describing quo warranto actions (Smith
case)

169, 412

Exhibit 32: February 6, 1931, letter of the Attorney General, re Smith case.. Exhibit 33: February 20, 1931, letter from Mr. Davis, the counsel appointed by the Senate, re Smith case.

Exhibit 34: February 24, 1931, letter of the Attorney General, re Smith

case.

Exhibit 35: April 2, 1931, Department press release re Smith case-
Exhibit 36: April 6, 1931, letter from Mr. Pepper, counsel for Smith..
Exhibit 37: April 8, 1931, letter from Mr. Griswold, re Smith case-
Exhibit 38: April 10, 1931, letter from the Attorney General, re Smith case.
Exhibit 39: May 4, 1931, Petition for Writ of Quo Warranto in Smith case..
Exhibit 40: October 1931, Motion For Leave to File Brief as Amici curiae of

the Attorney General in Smith case.

Exhibit 41: November 6, 1931, letter from the Attorney General, re Smith

case_

Exhibit 42: November 23, 1931, letter of Mr. Pepper, re Smith case.
Exhibit 43: December 1, 1931, letter of Mr. Griswold, re Smith case....
Exhibit 44: February 1932, Motion by Amici curiae For Leave to file a Memor-

169, 414

169, 415

169, 416

169, 416

169, 417

169, 417

169, 418

169, 418 169, 418

169, 424

169, 425

169, 425

169, 425

andum of the Attorney General in Smith case_

169, 426

Exhibit 46: Order for Appearance form of Mr. Davis on behalf of "U.S." in
Smith case--

Exhibit 45: February 1932 Motion for Leave to File a Brief Amici Curiae of the Attorney General in Smith case..

169, 427

169, 428

Exhibit 47: Order for Appearance form of Mr. Groesbeck on behalf of "the
U.S.)) in Smith case.

169, 429

Exhibit 48: Opinion of the U.S. Supreme Court in United States v. Smith...
Exhibit 49: Motion to Intervene of United States in Simkins__.

169, 430

171, 474

Exhibit 50: Objection of Defendants to Intervention in Simkins.

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Exhibit 55: August 17, 1973, letter of Mary Lotton to Senator Metcalf..
Exhibit 56: December 9, 1975, letter of Rex Lee to Edward Foote__
Exhibit 57: August 6, 1975, letter of Fred Vinson to Senator Abourezk.......
Exhibit 58: April 11, 1975, letter of Irving Jaffee to Federal Election Com-
mission..

Exhibit 54: March 14, 1973, letter of Irving Jaffee to Raymond Gooch

(with list of cases handled by Department)..

21, 21

28, 28

56, 56

67, 67

119, 119

Exhibit 59: May 19, 1975, letter of Thomas Curtis to Rex Lee..
Exhibit 60: May 27, 1975, letter of Thomas Curtis to Attorney General.
Exhibit 61: May 30, 1975, letter of Attorney General to Thomas Curtis..
Exhibit 62: May 30, 1975, press release of Department re Buckley v. Valeo.
Exhibit 63: June 5, 1975, letter of Thomas Curtis to Attorney General...
Exhibit 64: June 9, 1975, letter of Thomas Curtis to President...
Exhibit 65: June 12, 1975, letter of Attorney General to Thomas Curtis.. 119, 125
Exhibit 66: October 15, 1975, letter of Thomas Curtis to Attorney General. 119, 127
Exhibit 67: October 24, 1975, letter of the Solicitor General to Thomas

119, 120 119, 130 119, 122 119, 122 119, 122 119, 124

Curtis..

119, 138

Page Exhibit 68: June 11, 1975, letter of Senator Abourezk to Attorney General. 119, 129 Exhibit 69: June 11, 1975, letter of Thomas Curtis to Senator Abourezk.. 119, 130 Exhibit 70: June 12, 1975, letter of Acting Attorney General to Senator

Abourezk

Exhibit 71: June 12, 1975, letter of Thomas Curtis to Senator Abourezk.
Exhibit 72: June 17, 1975, letter of Senator Abourezk to Attorney General.
Exhibit 73: July 7, 1975, letter of Senator Abourezk to Attorney General
Exhibit 74: July 15, 1975, letter of Attorney General to Senator Abourezk.
Exhibit 75: July 30, 1975, letter of Senator Abourezk to Attorney General.
Exhibit 76: July 10, 1975, letter of Robert Stern to Simon Lazarus.........
Exhibit 77: July 18, 1975, letter of the Solicitor General to Robert Stern.
Exhibit 78: July 25, 1975, letter of Simon Lazarus to Solicitor General...
Exhibit 79: August 5, 1975, letter of the Solicitor General to Simon
Lazarus
Exhibit 80: August 6, 1975, letter of Simon Lazarus to Solicitor General..

HISTORY OF REPRESENTATION OF CONGRESS

Exhibit 81: Cases where Department represented Congress, 1971-1976...
Exhibit 82: November 28, 1965, list of cases involving Congress of Legis-
lative Reference Service..

Exhibit 83: April 1971 list of cases involving Congress of Congressional
Research Service..

Exhibit 84: June 9, 1975, list of cases involving Congress of Congressional
Research Service

Exhibit 85: List of cases where Department refused to represent Congress-
Exhibit 86: List of cases where Department hired independent counsel.--
Exhibit 87: List of cases where department failed to appeal Court finding
that statute unconstitutional.......

Exhibit 88: List of cases where Department sued to provide counsel.
COPY AND LEGISLATIVE HIStory of StatutES AND RULES

119, 130 119, 132 119, 132 119, 133 119, 133

119, 1834 151, 484 151, 499

151, 499

151, 500

151, 501

20, 20

21, 502

21, 504

21, 515

36, 36

40, 40

85, 85

142, 142

Exhibit 89: 2 U.S.C. 118..

Exhibit 90: Legislative history of 2 U.S.C. 118..

Exhibit 91: Statutes on representation of State legislatures_
Exhibit 92: 28 U.S.C. 515-519, 547-

Exhibit 93: Watergate Committee jurisdictional statute__

Exhibit 94: Standing order of Senate of 1928__

34, 34

38, 38

44, 519

Exhibit 97: Excerpts from legislative history of 28 U.S.C. 2403.

Exhibit 95: Excerpts from legislative history of 1870 Department statute.
Exhibit 96: 1870 Department statute..

44, 44

61, 524

61, 525

165, 525

165, 546

171, 548

LEGISLATION AND RELATED MATERIALS

Exhibit 98: 1955 testimony of Representative Keating on H.R. 4975

(civil subpena enforcement) _

64, 556

Exhibit 99: April 30, 1954, letter of Department re H.R. 4975.
Exhibit 100: July 8, 1954, letter of Department re H.R. 4975.

Exhibit 101: House passage of H.R. 4975, 1955.

Exhibit 102: House passage of H.R. 780, 1957

64, 559

64, 560

64, 560

64, 565

64, 567

Exhibit 103: House debate on H.R. 259, 1959..

LAW REVIEW ARTICLE AND THESIS

Exhibit 104: "Alternatives to Contempt," Theodore Sky

64, 569

Exhibit 105: “Office of the Solicitor General," Brigman Ph D. thesis....

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Exhibit 108: 38 Op. A. G. 136 (November 21, 1934).

163, 661

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Exhibit 117: ABA Code of Professional Responsibility-
Exhibit 118: Federal Ethical Considerations_

MISCELLANEOUS

Exhibit 114: News story in Washington Star re Department hiring inde-
pendent counsel

Exhibit 115: March 24, 1969, White House memo on executive privilege..
Exhibit 116: July 27, 1975, press release of Senator Kennedy re Buckley v.

Valeo...

Page

41, 41

52, 52

58, 683

Exhibit 119: Article by Simon Lazarus from Washington Post re Attorney
General Levi.......

65, 685 65, 744

Exhibit 120: Article by Victor Navasky in New York Times Magazine re

170, 747

Attorney General Levi.

170, 749

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