
Having been asked to know what the Prosecution intended to introduce
into evidence, as in any Civil or Criminal trial, Mr. Kendall, the President's lawyer, had
a legitimate claim, we confess, but Mr. Rogan ROSE TO THE OCCASION with this sterling bit
of mendacity!
I will imitate my colleague at the bar Mr. Kendall's brevity, if not his
eloquence.
I simply suggest this is somewhat a unique opportunity that counsel is inviting the House
managers to engage in, to give counsel notice of page and line of transcripts for the
presentation of evidence that we are going to make. It is our prerogative to put on our
evidence; it is White House counsel's opportunity to put on their evidence. Asking us to
choreograph that for them and with them is something that I am unfamiliar with, except for
one time.
I remember during my days as a judge in California that a similar request was made for me,
and a law clerk pointed out to me language from one of the late great justices of the
California Supreme Court, Otto Kaus. Apparently, a similar request was made to Justice
Kaus to do the same thing in a case, and Justice Kaus looked at the lawyer making the
request and he said, `I believe the appropriate legal response to your request is
that it is none of your damn business what the other
side is going to put on.'
CONGRESSIONAL RECORD 2-4-99
[Note: Mr. Counsel
KENDALL stated: . "That philosophy might want to be emulated at some point by the
drafters of the Federal Civil Rules, but it is not. In every Federal civil trial, this
procedure is followed, the designation, the identifying, and designating of deposition
excerpts.
"Again, I think it will make for a fairer and more efficient proceeding. I don't
think trial by surprise has a place here."
But Mr. Rogan had made his point, and the motion
was handily defeated.]
Mr. Rogan, the F.O.M. SALUTES
YOU!!