would be the ultimate for nearly all. How does the Congress decide once you do get to the point of a confrontation. It finally has to be decided by the Senate. Chairman METCALF. It could be ultimately decided on the floor of the Senate by a roll call vote. Senator FULBRIGHT. Yes; that is the ultimate way. Senator GRAVEL. Then we agree. Chairman METCALF. Thank you very much, Senator. I know we kept you too long. Without objection, I want to submit the amicus curiae brief in the Gravel case, which was filed by a group of distinguished colleagues, to be made a part of the record. Senator Gravel, who has been scheduled twice to be heard, has kindly said that he will postpone his appearance. So we will hear Senator Gravel tomorrow. We will be in recess right now until 10 o'clock tomorrow morning. Thank you all. [Whereupon, at 12:45 p.m., the hearing recessed, to reconvene at 10 a.m., Wednesday, March 28, 1973.] : IN THE Supreme Court of the United States OCTOBER TERM, 1971 No. 71-1026 UNITED STATES OF AMERICA, Petitioner V. MIKE GRAVEL, United States Senator, Respondent ON WRIT OF CERTIORARI TO THE UNITED BRIEF FOR THE SENATE OF UNITED STATES Of Counsel: Philip B. Kurland Edward I. Rothschild 20 South Clark Street Chicago, Illinois 60670 SAM J. ERVIN, JR JAMES O. EASTLAND JOHN O. PASTORE HERMAN E. TALMADGE NORRIS COTTON PETER H. DOMINICK CHARLES MCC. MATHIAS, JR. WILLIAM B. SAXBE Attorneys for United States Senate Washington, D. C. 20510 Washington, D. C. THIEL PRESS 202 393-0625 (i) TABLE OF CONTENTS INTEREST OF THE AMICUS CURIAE OPINIONS BELOW JURISDICTION QUESTIONS PRESENTED CONSTITUTIONAL PROVISIONS INVOLVED STATEMENT ARGUMENT: I. The Origins of the Speech or Debate Clause II. For the Congressional Privilege to be Effective, it Must Include Legislative Aides III. Dissemination of Information is a Legislative Function CONCLUSION APPENDIX Cases: TABLE OF AUTHORITIES Methodist Federation for Social Action v. Eastland, 141 F. Supp. 729 (D.D.C. 1956). Powell v. McCormack, 395 U.S. 486 (1969). . . 14 12 19 .12, 13, 16 18 8, 12 Brief of the United States Government in Hearings on Executive Privilege: The Withholding 2, 3, 10 . 3, 10, 16 2 10 10 IN THE Supreme Court of the United States OCTOBER TERM, 1971 No. 71-1026 UNITED STATES OF AMERICA, Petitioner V. MIKE GRAVEL, United States Senator, Respondent ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT BRIEF FOR THE SENATE OF UNITED STATES The Senate of the United States hereby appears as amicus curiae pursuant to Senate Resolution No. 280* and with the consent of the Solicitor General of the United States and Senator Gravel. Copies of the letters of consent have been filed with the Clerk's Office. INTEREST OF THE AMICUS CURIAE In light of the questions presented, which directly concern the scope and validity of the constitutional privilege created by the "Speech or Debate" Clause of the United States *The Resolution appears as Appendix A hereto. |