Liman Speaks on Investigation

Arthur L. Liman '54, chief counsel to the Senate's committee on the Iran-Contra affair and a Harvard Overseer, last night detailed the virtues and drawbacks of Congressional investigations at a Harvard Law School froum.

Speaking to an audience of approximately 100 people at the Ames Courtroom, Liman argued that nearly all Congressional fact-finding missions are marred by political partisanship. He cited the recent confirmation hearings of Supreme Court Justice Clarence Thomas as such an example.

Republicans were "bullying" and adversarial, while Democrats were "unwilling to go out on a limb," he said, adding that this combination made it hard for the committee to get much accomplished.

"Those like Senator [Arlen] Specter (R-Penn.), who saw their role as defender of Clarence Thomas, had no fear of embarrassing themselves," he said.

Likewise, the Congressional investigation of Watergate was almost torn apart by party divisions, according to Liman.

Separate staffs spent so much time "spying on one another" that they almost missed the discovery of the White House tapes, which came about "by accident," Liman said.

In contrast, Liman said, an effort was made in the Senate's Iran-Contra proceedings to reduce partisanship and deal with question of legality, not policy.

"There was a covenant," he said. "No one would try to demagogue it up during the hearings."

Liman said another drawback of Congressional investigations is that their public nature invites voter pressure on politicians.

"Oliver North came to these hearings and electrified the country," Liman said. "Committee members said, 'Please Arthur, don't cross-examine him. Just get him off the stand.'"

As a result, North was not questioned as well as he could have been, Liman said.

Liman characterized the Thomas confirmation process as too open. It "stripped away [Anita Hill's] privacy" and limited senators' ability to ask certain questions.

Despite all of their problems, Liman argued, Congressional investigations are necessary.

"If you believe that some offenses in government are not defined in the United States code, then courts are not the only answer," he said.

Such investivations also serve to remind administrators of the power of the legislative branch.

"There was total contempt for Congress in the Reagan administration," said Liman. "We had a president who purported to support the law, but he worked underground as if it didn't exist.