Mr. SEIBERLING. NO. The CLERK. Mr. Danielson. The CLERK. Mr. Drinan. Mr. DRINAN. No. The CLERK. Mr. Rangel. Mr. RANGEL. Aye. The CLERK. Ms. Jordan. The CLERK. Mr. Thornton. Mr. THORNTON. NO. The CLERK. Ms. Holtzman. Mr. OWENS. Aye. The CLERK. Mr. Mezvinsky. The CLERK. Mr. Hutchinson. Mr. McCLORY. Aye. The CLERK, Mr. Sandman. Mr. SANDMAN. No. The CLERK. Mr. Railsback. Mr. RAILSBACK. No. The CLERK. Mr. Wiggins. Mr. DENNIS. Aye. The CLERK. Mr. Fish. Mr. FISH. No. The CLERK. Mr. Mayne. Mr. MAYNE. Aye. The CLERK. Mr. Hogan. Mr. HOGAN. Aye. The CLERK. Mr. Butler. Mr. BUTLER. No. The CLERK. Mr. Cohen. Mr. LATTA. No. The CLERK. Mr. Rodino. The CHAIRMAN. No. Mr. COHEN. Mr. Chairman? The CHAIRMAN. The clerk will report the vote. The CLERK. Twenty-one members have voted aye, 16 members havt voted no. The CHAIRMAN. And the substitute is agreed to. I am advised that there is a technical error as a result of the tech nical amendment which was offered by the gentleman from OhioAnd as soon as we get the drafters, we will draft it appropriately Mr. SANDMAN. Mr. Chairman, is it in order to offer an amendment to the substitute? The CHAIRMAN. The gentleman from Ohio agrees to the-well, will perfect it. The amendment was merely a technical amendment. Mr. LATTA. You have unanimous consent. The CHAIRMAN. Without objection is the word. The question now occurs on the substitute as Mr. FISH. Mr. Chairman, before the question is put, Mr. Flowers evidenced that he was agreeable to a change in part of the original motion before us and not to the other part. I wonder is an amendment in order now to The CHAIRMAN. No, no further amendment is in order. My understanding is that that portion that is referred to is already included in the substitute none the less. Now, the question Mr. SANDMAN. Mr. Chairman, an amendment to the substitute? The question is now on the resolution, the substitute as amended. All those in favor of the resolution, as amended, please say aye. [Chorus of "ayes."] The CHAIRMAN. All those opposed? [Chorus of "noes."] The CHAIRMAN. The ayes have it and the resolution will be reported accordingly. That concludes the business-Ms. Holtzman. Ms. HOLTZMAN. Mr. Chairman, before we conclude for the day. I would like to exercise my right, as I understand it under the committee procedure, to insert something into the record of the committee regarding evidentiary material that has come to the attention of the staff during the course of this inquiry. And I would ask the chairman that we at least, since we are still bound to some extent by the rules of confidentiality, that we go into executive session so I may propose this for the record. Mr. MCCLORY. Mr. Chairman? The CHAIRMAN. Mr. McClory. Mr. McCLORY. I would like to make a request before we adjourn. Would you announce what the schedule is for tomorrow and subsequent to tomorrow? The CHAIRMAN. Well, the Chair has already circulated notices regarding a meeting which will commence at 7:30 tomorrow night. Mr. McCLORY. And what is the intention as far as the balance of the week is concerned, Mr. Chairman? The CHAIRMAN. The Chair intends that so long as the committee. is going to meet on this, the Chair intends that we will meet tomorrow night at 7:30 and go to about 10:30, and then start the next morning again at 9:30 and proceed throughout the day and late into the evening, and on Friday we will again meet, and hopefully on Saturday as well, and determine at that time where we are as to the rest of the schedule for the week. Mr. DENNIS. Mr. Chairman? Mr. Chairman? This, of course, is an imponderable which none of us can weigh at the moment. But, according to rumor, reports, speculation, and so forth, we may get a decision from the Supreme Court of the United States, and I hope that the Chair and everyone will keep in mind that if that should eventuate during the course of our deliberations, it might well be that for one reason or another we might want to even reopen testimony, which would then be available, for instance, or reconsider our options in various ways, which I don't think ought to be ruled out at this time. The CHAIRMAN. The Chair is well aware of that possibility. Ms. HOLTZMAN. Mr. Chairman? The CHAIRMAN. Ms. Holtzman. Ms. HOLTZMAN. I don't want to take the time of the committee, but I would like to insert in the committee record material received by committee staff during the course of the evidentiary hearing and during their work for our committee. And I would like to know the procedure whereby I can do so, without taking up the time of the committee? The CHAIRMAN. Well, each member of the committee has the right and has had the right to present to the committee that kind of material, and there already has been accorded to the gentleman from Iowa, who had material which he presented to the committee for purposes of being part of the record, without objection, it is so ordered. Mr. DENNIS. Mr. Chairman, reserving the right to object, we surely have some right to know what the nature of the material is and just whether it is, in fact, evidentiary of anything before that's done. I mean, I could put in my personal correspondence or anything else under this kind of a procedure. Mr. BUTLER. Mr. Chairman, after we have had an opportunity to examine this material, would it be in order to put it in the record at the meeting, the first of the meeting tomorrow evening? The CHAIRMAN. No. Mr. DENNIS. We have to know what we are talking about. The CHAIRMAN. Well, the Chair will recess this meeting and go into executive session then. [Whereupon, at 6:43 p.m., the committee was recessed to go into executive session.] IMPEACHMENT INQUIRY Executive Session TUESDAY, JULY 23, 1974 HOUSE OF REPRESENTATIVES, The committee met, pursuant to recess, at 6:45 p.m., in room 2141, Rayburn House Office Building, Hon. Peter W. Rodino, Jr. (chairman) presiding. Present: Representatives Rodino (presiding), Brooks, Kastenmeier, Edwards, Hungate, Conyers, Eilberg, Waldie, Flowers, Mann, Sarbanes, Seiberling, Danielson, Drinar, Rangel, Jordan, Thornton, Holtzman, Owens, Mezvinsky, Hutchinson, McClory, Smith, Sandman, Railsback, Dennis, Fish, Mayne, Hogan, Butler, Cohen, Lott, Froehlich, Moorhead, Maraziti, and Latta. Impeachment inquiry staff present: John Doar, special counsel; Samuel Garrison III, special counsel to the minority; Albert E. Jenner, Jr., senior associate special counsel; Bernard W. Nussbaum, senior associate special counsel. Committee staff present: Jerome M. Zeifman, general counsel; Garner J. Cline, associate general counsel; William P. Dixon, counsel; Franklin G. Polk, associate counsel; and Michael W. Blommer, associate counsel. The CHAIRMAN. The committee will come to order. I think this business can be transacted in a moment and, frankly, I had advised the gentlelady from New York that I did not believe that it was necessary since the matter that she refers to is a matter that had been made reference to during the course of the evidentiary hearings. And in accordance with the rules, I have allowed this to occur on the part of members from the minority. I permitted Mr. Wiley Mayne, who came to me with certain evidentiary material to insert it in the record as well, and this is provided for in the rules of procedure under which we were operating during the time. So, I will merely ask the- Mr. DENNIS. Mr. Chairman? I understand that we can insert evidentiary material, but as I understand it, it would only be evidentiary material, and my only interest is in the nature of what it is so that we might make some judgment. The CHAIRMAN. Well, the gentlelady will explain. Ms. HOLTZMAN. I want to say first I am very grateful to the chairman and also the committee for their patience in this respect. All I 41-018 0 75 - pt. 3 - 44 |