Ethics Committee Resolution to Investigate Senator Packwood

May 17, 1995 The attached Resolution for Investigation was unanimously adopted by the Senate Select Committee on Ethics on May 16, 1995. MITCH McCONNELL, KENTUCKY, CHAIRMAN RICHARD H. BRYAN, NEVADA, VICE CHAIRMAN ROBERT SMITH, NEW HAMPSHIRE BARBARA MIKULSKI, MARYLAND LARRY CRAIG, IDAHO BYRON DORGAN, NORTH DAKOTA VICTOR BAIRD. STAFF DIRECTOR AND CHIEF COUNSEL ANNETTE M GILLIS. CHIEF CLERK United States Senate SELECT COMMITTEE ON ETHICS HART SENATE OFFICE BUILDING, ROOM 220 SECOND AND CONSTITUTION AVENUE, NE. WASHINGTON, DC 20510-6425 TELEPHONE (202) 224-2981 RESOLUTION FOR INVESTIGATION Whereas, the Select Committee on Ethics on December 1, 1992, initiated a Preliminary Inquiry (hereafter "Inquiry") into allegations of sexual misconduct by Senator Bob Packwood, and subsequently, on February 4, 1993, expanded the scope of its Inquiry to include allegations of attempts to intimidate and discredit the alleged victims, and misuse of official staff in attempts to intimidate and discredit, and notified Senator Packwood of such actions; and Whereas, on December 15, 1993, in light of sworn testimony that Senator Packwood may have altered evidence relevant to the Committee's Inquiry, the Chairman and Vice-Chairman determined as an inherent part of its Inquiry to inquire into the integrity of evidence sought by the Committee and into any information that anyone may have endeavored to obstruct its Inquiry, and notified Senator Packwood of such action: and Whereas, on May 11, 1994, upon completion of the Committee staff's review of Senator Packwood's typewritten diaries, the Committee expanded its Inquiry again to include additional areas of potential misconduct by Senator Packwood, including solicitation of financial support for his spouse from persons with an interest in legislation, in exchange, gratitude, or recognition for his official acts; Whereas, the Committee staff has conducted the Inquiry under the direction of the Members of the Committee; and Whereas, the Committee has received the Report of its staff relating to its Inquiry concerning Senator Packwood; and Whereas, on the basis of evidence received during the Inquiry, there are possible violations within the Committee's jurisdiction as contemplated in Section 2(a)(1) of S. Res. 338, 88th Congress, as amended: It is therefore Resolved: I. That the Committee makes the following determinations regarding the matters set forth above: (a) With respect to sexual misconduct, the Committee has carefully considered evidence, including sworn testimony, witness interviews, and documentary evidence, relating to the following allegations: (1) That in 1990, in his Senate office in Washington, D.C., Senator Packwood grabbed a staff member by the shoulders and kissed her on the lips; (2) That in 1985, at a function in Bend, Oregon, Senator Packwood fondled a campaign worker as they danced. Later that year, in Eugene, Oregon, in saying goodnight and thank you to her, Senator Packwood grabbed the campaign worker's face with his hands, pulled her towards him, and kissed her on the mouth, forcing his tongue into her mouth; (3) That in 1981 or 1982, in his Senate office in Washington, D.C., Senator Packwood squeezed the arms of a lobbyist, leaned over and kissed her on the mouth; (4) That in 1981, in the basement of the Capitol, Senator Packwood walked a former staff assistant into a room, where he grabbed her with both hands in her hair and kissed her, forcing his tongue into her mouth; (5) That in 1980, in a parking lot in Eugene, Oregon, Senator Packwood pulled a campaign worker toward him, put his arms around her, and kissed her, forcing his tongue in her mouth; he also invited her to his motel room; (6) That in 1980 or early 1981, at a hotel in Portland, Oregon, on two separate occasions, Senator Packwood kissed a desk clerk who worked for the hotel; (7) That in 1980, in his Senate office in Washington, D.C., Senator Packwood grabbed a staff member by the shoulders, pushed her down on a couch, and kissed her on the lips; the staff member tried several times to get up, but Senator Packwood repeatedly pushed her back on the couch; (8) That in 1979, Senator Packwood walked into the office of another Senator in Washington, D.C., started talking with a staff member, and suddenly leaned down and kissed the staff member on the lips; (9) That in 1977, in an elevator in the Capitol, and on numerous occasions, Senator Packwood grabbed the elevator operator by the shoulders, pushed her to the wall of the elevator and kissed her on the lips. Senator Packwood also came to this person's home, kissed her, and asked her to make love with him; (10) That in 1977, in a motel room while attending the Dorchester Conference in coastal Oregon, Senator Packwood grabbed a prospective employee by her shoulders, pulled her to him, and kissed her: (11) That in 1975, in his Senate office in Washington, D.C., Senator Packwood grabbed the staff assistant referred to in (4), pinned her against a wall or desk, held her hair with one hand, bending her head backwards, fondling her with his other hand, and kissed her, forcing his tongue into her mouth; (12) That in 1975, in his Senate office in Washington, D.C., Senator Packwood grabbed a staff assistant around her shoulders, held her tightly while pressing his body into hers, and kissed her on the mouth; (13) That in the early 1970's, in his Senate office in Portland, Oregon, Senator Packwood chased a staff assistant around a desk; (14) That in 1970, in a hotel restaurant in Portland, Oregon, Senator Packwood ran his hand up the leg of a dining room hostess, and touched her crotch area; (15) That in 1970, in his Senate office in Washington, D.C., Senator Packwood grabbed a staff member by the shoulders and kissed her on the mouth; (16) That in 1969, in his Senate office in Washington, D.C., Senator Packwood made suggestive comments to a prospective employee; (17) That in 1969, at his home, Senator Packwood grabbed an employee of another Senator who was babysitting for him, rubbed her shoulders and back, and kissed her on the mouth. He also put his arm around her and touched her leg as he drove her home; (18) That in 1969, in his Senate office in Portland, Oregon, Senator Packwood grabbed a staff worker, stood on her feet, grabbed her hair, forcibly pulled her head back, and kissed her on the mouth, forcing his tongue into her mouth. Senator Packwood also reached under her skirt and grabbed at her undergarments. Based upon the Committee's consideration of evidence related to each of these allegations, the Committee finds that there is substantial credible evidence that provides substantial cause for the Committee to conclude that violations within the Committee's jurisdiction as contemplated in Section 2(a)(1) of S. Res. 338, 88th Congress, as amended, may have occurred; to wit, that Senator Packwood may have abused his United States Senate Office by improper conduct which has brought discredit upon the United States Senate, by engaging in a pattern of sexual misconduct between 1969 and 1990. Notwithstanding this conclusion, for purposes of making a determination at the end of its Investigation with regard to a possible pattern of conduct involving sexual misconduct, some Members of the Committee have serious concerns about the weight, if any, that should be accorded to evidence of conduct alleged to have occurred prior to 1976, the year in which the federal court recognized quid pro quo sexual harassment as discrimination under the Civil Rights Act, and the Senate passed a resolution prohibiting sex discrimination in the United States Senate, and taking into account the age of the allegations. (b) With respect to the Committee's inherent responsibility to inquire into the integrity of the evidence sought by the Committee as part of its Inquiry, the Committee finds, within the meaning of Section 2(a)(1) of S. Res. 338, 88th Congress, as amended, that there is substantial credible evidence that provides substantial cause for the Committee to conclude that improper conduct reflecting upon the Senate, and/or possible violations of federal law, i.e., Title 18, United States Code, Section 1505, may have occurred. To wit: Between some time in December 1992 and some time in November 1993, Senator Packwood intentionally altered diary materials that he knew or should have known the Committee had sought or would likely seek as part of its Preliminary Inquiry begun on December 1, 1992. (c) With respect to possible solicitation of financial support for his spouse from persons with an interest in legislation, the Committee has carefully considered evidence, including sworn testimony and documentary evidence, relating to Senator Packwood's contacts with the following persons: (1) A registered foreign agent representing a client who had particular interests before the Committee on Finance and the Committee on Commerce, Science and Transportation; (2) A businessman who had particular interests before the Committee on Commerce, Science and Transportation; (3) A businessman who had particular interests before the Committee on Finance and the Committee on Commerce, Science and Transportation; (4) A registered lobbyist representing clients who had particular interests before the Committee on Finance and the Committee on Commerce, Science and Transportation; (5) A registered lobbyist representing a client who had particular interests before the Committee on Finance. Based upon the Committee's consideration of this evidence, the Committee finds that there is substantial credible evidence that provides substantial cause for the Committee to conclude that violations within the Committee's jurisdiction as contemplated in Section 2(a)(1) of S. Res. 338, 88th Congress, as amended, may have occurred, to wit: Senator Packwood may have abused his United States Senate Office through improper conduct which has brought discredit upon the United States Senate by inappropriately linking personal financial gain to his official position in that he solicited or otherwise encouraged offers of financial assistance from persons who had a particular interest in legislation or issues that Senator Packwood could influence. II. That the Committee, pursuant to Committee Supplementary Procedural Rules 3(d)(5) and 4(f)(4), shall proceed to an Investigation under Committee Supplementary Procedural Rule 5; and III. That Senator Packwood shall be given timely written notice of this Resolution and the evidence supporting it, and informed of a respondent's rights pursuant to the Rules of the Committee. ----- Brought to you by The 'Lectric Law Library http://www.lectlaw.com