At 6:40 p.m. on the same day, Jenrette called and told Amoroso that he wanted to go forward even though he had not received any final word Edward Bennett Williams. Jenrette agreed to come to the townhouse after dinner at the White House or on the following day. Jenrette asked if the "documents you have, uh, are clean as far as numbers and all?". (Tr. Exh. Govt. #11B (tape), #11C (transcript), p. 3.) Later that evening Stowe called Amoroso and told him that he and Jenrette would come to the townhouse the following evening. The following afternoon, December 6 at 4:10 p.m., Jenrette called and advised Amoroso that he had to catch a plane to South Carolina and he wanted Stowe to meet Amoroso. Jenrette assured Amoroso that he would fulfill his obligation. Jenrette indicated that by Stowe receiving the money it "keeps me just a little bit, ah, one step away from a section in the Code about, uh, public officials." Amoroso agreed and Stowe arrived at the townhouse at 4:45 p.m. Stowe then told Amoroso and Weinberg that it was part of the agreement that they must also finance the plant in South Carolina. Stowe took the $50,000 in cash and stated that he was returning to Jenrette's office in the Capitol. Amoroso asked Stowe to have Jenrette call to confirm that he had received the money. Stowe then left. A short while later Jenrette called and the conversation included the following: Amoroso: O.K. now. Everything else is o.k. You got the package. Jenrette: Everything . . Amoroso: From John? Jenrette: Everything is fine. I'll do my share of the work and all I'll need to do is the names and where and so I can start making some background preparation. (Tr. Exh. Govt. #14B (tape), #14C (transcript), p. 3-4.) Appendix No. 3 Statutory Authority for Legal Representation of Members CHAPTER 9D-OFFICE OF SENATE LEGAL COUNSEL [NEW] Sec. 228. Office of Senate Legal Counsel. (a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation. (b) Assistant counsels and other personnel; compensation; appointment; removal. (c) Consultants. (d) Policies and procedures. (e) Delegation of duties. (f) Attorney-client relationship. 288a. Senate Joint Leadership Group. (a) Accountability of office. (b) Membership. (c) Assistance of Secretary of Senate. 288b. Requirements for authorizing representation activity. (a) Direction of Joint Leadership Group or Senate resolution. (b) Civil action to enforce subpena. (c) Intervention or appearance. (d) Immunity proceedings. (e) Resolution recommendations. 288c. Defending the Senate, committee, subcommittee, member, officer, or employee of the Senate. 288d. Enforcement of Senate subpena or order. (a) Institutions of civil actions. (b) Actions in name or committees and subcommittees. (c) Consideration of resolutions authorizing actions. (d) Rules of Senate. (e) Committee reports. (f) Certification of failure to testify; contempt. 288e. Intervention or appearance. (a) Actions or proceedings. (b) Notification; publication. (c) Powers and responsibilities of Congress. 288f. Immunity proceedings. 288g. Advisory and other functions. (a) Cooperation with persons, committees, subcommittees, and offices. (c) Miscellaneous duties. 288h. Defense of certain constitutional powers. 288i. Representation conflict or inconsistency. (a) Notification. (b) Solution; publication in Congressional Record; review. (d) Reimbursement. 288j. Consideration of resolutions to direct counsel. (a) Procedure; rules. (b) Definition. (c) Rules of the Senate. 288k. Attorney General relieved of responsibility. 2881. Procedural provisions. (a) Intervention or appearance. (b) Compliance with admission requirements. 288m. Contingent fund. § 288. Office of Senate Legal Counsel-Establishment; Appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation (a)(1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the "Office"), which shall be headed by a Senate Legal Counsel (hereinafter referred to as the "Counsel"); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the "Deputy Counsel") who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal Counsel. (2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate. Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment. (3)(A) Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of any term of service. (B) The first Counsel and the first Deputy Counsel shall be appointed, approved, and begin service within ninety days after the effective date of this title, and thereafter the Counsel and Deputy Counsel shall be appointed, approved, and begin service within thirty days after the beginning of the session of the Congress immediately following the termination of a Counsel's or Deputy Counsel's term of service or within sixty days after a vacancy occurs in either position. (4) The Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under section 5314 of Title 5. The Deputy Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of Title 5. ASSISTANT COUNSELS AND OTHER PERSONNEL; COMPENSATION; (b)(1) The counsel shall select and fix the compensation of such Assistant Senate Legal Counsels (hereinafter referred to as "Assistant Counsels") and of such other personnel, within the limits of available funds, as may be necessary to carry out the provisions of this chapter and may prescribe the duties and responsibilities of such personnel. The compensation fixed for each Assistant Counsel shall not be in excess of a rate equal to the annual rate of basic pay for level V of the Executive Schedule under section 5316 of Title 5. Any selection made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any individual selected as an Assistant Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during his term of service. The Counsel may remove any individual appointed under this paragraph. (2) For purposes of pay (other than the rate of pay of the Counsel and Deputy Counsel) and employment benefits, right, and privileges, all personnel of the Office shall be treated as employees of the Senate. CONSULTANTS (c) In carrying out the functions of the Office, the Counsel may procure the temporary (not to exceed one year) or intermittent services of individual consultants (including outside counsel), or organizations thereof, in the same manner and under the same conditions as a standing committee of the Senate may procure such services under section 72a(i) of this title. POLICIES AND PROCEDURES (d) The Counsel may establish such policies and procedures as may be necessary to carry out the provisions of this chapter. DELEGATION OF DUTIES (e) The counsel may delegate authority for the performance of any function imposed by this chapter except any function imposed upon the Counsel under section 288e(b) of this title. ATTORNEY-CLIENT RELATIONSHIP (f) The Counsel and other employees of the Office shall maintain the attorney-client relationship with respect to all communications between them and any Member, officer, or employee of the Senate. Pub. L. 95-521, Title VII, § 701, Oct. 26, 1978, 92 Stat. 1875. |