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REPRESENTATION OF CONGRESS AND CONGRESSIONAL

INTERESTS IN COURT

HEARINGS

BEFORE THE

SUBCOMMITTEE ON SEPARATION OF POWERS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-FOURTH CONGRESS

SECOND SESSION

DECEMBER 12, 1975, AND FEBRUARY 19, 1976

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1976

71-846

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COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

ROMAN L. HRUSKA, Nebraska PHILIP A, HART, Michigan

HIRAM L. FONG, Hawaii EDWARD M. KENNEDY, Massachusetts HUGH SCOTT, Pennsylvania BIRCH BAYH, Indiana

STROM THURMOND, South Carolina QUENTIN N. BURDICK, North Dakota CHARLES MCC MATHIAS, JR., Marylanıl ROBERT C. BYRD, West Virginia

WILLIAM L. SCOTT, Virginia
JOHN V. TUNNEY, California
JAMES ABOUREZK, South Dakota

FRANCIS C. ROSENBERGER, Chief Counsel and Staf Director

To: SUBCOMMITTEE ON SEPARATION OF POWERS

JAMES ABOUREZK, South Dakota, Chairman JOHN L. MCCLELLAN, Arkansas

CHARLES MCC. MATHIAS, JR., Maryland QUENTIN N. BURDICK, North Dakota HUGH SCOTT, Pennsylvania ROBERT C. BYRD, West Virginia

IRENE R. MARGOLIS, Chief Counsel and Staf Director

CHUCK LUDLAM, Counsel
PHILIP B. KURLAND, Consultant

(II)

:

CONTENTS

HEARING DAYS

Page

1

149

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.

Exhibit 1: Complaint in Common Cause v. Bailar.

14, 191

Exhibit 2: Complaint in McSurely y. McClelland.

16, 198

Exhibit 3: Complaint in Jordan v. Latta.-

16, 206

Exhibit 4: Opinion of Court in Stewart y. Blaine..

42, 207

Exhibit 5: Brief on behalf of Lieutenant Calley in Calley v. Callaway--- 55, 209

Exhibit 6: Brief on behalf of Army Secretary Callaway in Calley v. Caủaway 55, 219

Exhibit 7: January 9, 1974 letter to Judge Gesell in Senate Select Committee

v. Nixon .

61, 230

Exhibit 8: Opinion of district court in Senate Select Committee v. Nixon -- 61, 232

Exhibit 9: Excerpt from opinion of Supreme Court in Buckley v. Valeo.... 62, 247

Exhibit 10: H. Res. 1306, Hentoff v. Ichord.

Exhibit 11: Brief on behalf of Representative Ichord. ----

74, 302

h. 74, 309

Exhibit 12: April 6, 1971, statement of Representative Ichord...

74, 348

Exhibit 13: Correspondence between Representative Ichord and Departe

ment.

74, 349

Exhibit 14: Excerpt from oral argument in Oregon v. Mitchell-

85, 350

Exhibit 15: Motion to Dismiss in Buckley v. Valeo..

113, 352

Exhibit 16: October 6, 1975, letter of House Clerk re Buckley, v. Valeo.--. 115, 115

Exhibit 17: Department notice of appearance in Buckley v. Valeo.---- 115, 115

Exhibit 18: Excerpt from court of appeals brief of Department in Buckley
v. Valeo

117, 117

Exhibit 19: Excerpt from Supreme Court "amicus” brief of Department in

Buckley v. Valeo.

139, 355

Exhibit 20: Amicus brief of Department in Senate Select Committee v.

Nixon

140, 374

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