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HEARINGS

BEFORE THE

JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS CONGRESS OF THE UNITED STATES NINETY-THIRD CONGRESS

FIRST SESSION

ON

THE LEGISLATIVE ROLE OF CONGRESS IN GATHERING AND

DISCLOSING INFORMATION

WEDNESDAY, MARCH 21, TUESDAY, MARCH 27

AND WEDNESDAY, MARCH 28, 1973

Printed for the use of the
Joint Committee on Congressional Operations

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1973

93-215

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HEARINGS

BEFORE THE

JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS CONGRESS OF THE UNITED STATES

NINETY-THIRD CONGRESS

FIRST SESSION

ON THE LEGISLATIVE ROLE OF CONGRESS IN GATHERING AND

DISCLOSING INFORMATION

WEDNESDAY, MARCH 21, TUESDAY, MARCH 27

AND WEDNESDAY, MARCH 28, 1973

Printed for the use of the
Joint Committee on Congressional Operations

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1973

93-215

JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

CONGRESS OF THE UNITED STATES
SENATOR LEE METCALF, Montana, Chairman

REPRESENTATIVE JACK BROOKS, Texas, Vice Chairman
HOUSE OF REPRESENTATIVES

SENATE
ROBERT N. GIAIMO, Connecticut

MIKE GRAVEL, Alaska JAMES G. O'HARA, Michigan

LAWTON CHILES, Florida
JAMES C. CLEVELAND, New Hampshire ROBERT TAFT, JR., Ohio
JOHN DELLENBACK, Oregon

JESSE A. HELMS, North Carolina
EUGENE F. PETERS, Executive Director
DONALD G. TACHERON, Director of Research

RAYMOND L. Gooch, Staff Counsel
GEORGE MEADER, Staff Counsel

(II)

CONTENTS

Page

------------

March 21, 1973

Opening Statement of -

Chairman Lee Metcalf, U.S. Senator from the State of Montana..
Vice Chairman Jack Brooks, Representative in Congress from the

State of Texas --
Hon. James C. Cleveland, Representative in Congress from the

State of New Hampshire ---
Testimony of-

Hon. Sam J. Ervin, Jr., U.S. Senator from the State of North Carolina

Hon. William B. Saxbe, U.S. Senator from the State of Ohio.------

Material submitted for the record:

Hon. Sam J. Ervin, Jr., U.S. Senator from the State of North

Carolina; proposed legislation: Congressional Free Speech Act of

1973 and Resolution to Amend Rule XXX of the Standing Rules

of the Senate-----

March 27, 1973

Testimony of-

Hon. Arthur J. Goldberg, attorney, Washington, D.C., former As-

sociate Justice of the Supreme Court of the United States and

former U.S. Ambassador to the United Nations.

Hon, J.W. Fulbright, U.S. Senator from the State of Arkansas.----

Material submitted for the record:

Brief Amicus Curiae for the Senate of the United States, in the case

of United States v. Gravel, No. 71-1026, Supreme Court of the

United States, October term, 1971.--.

March 28, 1973

Testimony of—

Hon. Mike Gravel, U.S. Senator from the State of Alaska ---

Alexander J. Cella, associate professor of law, Suffolk University,

Boston, Mass----

Robert G. Dixon, Jr., Assistant Attorney General, Office of Legal

Counsel, Department of Justice; accompanied by Warren Grimes,

Attorney-Advisor, Office of Legal Counsel, Department of Justice -
Hon. Thomas B. Curtis, vice president and general counsel, Encyclo-

paedia Britannica, Chicago, Ill., former Representative in Congress

from the State of Missouri. ---
Material submitted for the record:

Hon. Mike Gravel, U.S. Senator from the State of Alaska; proposed

legislation: Public Information Act of 1973.---

Alexander J. Cella, associate professor of law, Suffolk University,

Boston, Mass.; "The Doctrine of Legislative Privilege of Freedom

of Speech and Debate: Its Past, Present and Future as a Bar to

Criminal Prosecutions in the Courts,” 2 Suffolk L. Rev. 1 (1968) --

Robert G. Dixon, Jr., Assistant Attorney General, Office of Legal

Counsel, Department of Justice; memorandum, “Discussion of the

Power of Congress to Modify the Scope of Congressional Immunity

by Legislation"-----

Hon. Bertram L. Podell, Representative in Congress from the State of

New York, prepared statement.---

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