Oregon daily emerald. (Eugene, Or.) 1920-2012, May 10, 1993, Page 6, Image 6

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PACKWOOD
Continued from Page 1
Pack wood'* challenger* contend that the sen
ator defrauded the voters during his campaign
hv lying to the Post about his conduct, lying to
Oregon reporters who asked whether the Post
was investigating him. and threatening to
expose embarrassing personal details about
some of the women unless they kept silent
Never before has
lying about per
sonnl. historical
fails constitutes
fraud that could
nullify an elec
tion
Packwood had
a Washington
news conference
last winter to
apologize for his
behavior toward
the women, hut
would not discuss
either specific
cases or the
alleged intimida
tion
the Senate ruled on w hether
‘Would a woman
... have to
disclose
whether she
ever had an
abortion at the
risk of not being
seated?
James Fitzpatrick.
Packwood's lawyer
"So far," Meyer said of the rules < ominittee.
"all of the questions asked of us all go to the
issue of whether the Senate even has the
authority to conduct an investigation. That tells
mo they may bo looking for ways to avoid hear
ing the evidence. Thai's what I'm afraid of.’
In his written arguments. Fitzpatric k argued
that an impossible standard would be set if
campaign misstatements on personal matters
were considered fraud, and therefore grounds
for overturning an election.
"Would u woman have to disclose whether
she over had an abortion at the risk of not l>eing
seated? Would a t andidate have to disc lose
his or her sexual orientation?" he asked.
Firm to represent both sides
PORTLAND (AP) — Several witness
es in the ethics investigation of Sen Boh
Packwood will fie represented by the
same law firm defending the senator,
raising questions about a possible eon
flirt of interest. The Oregnman reported
Saturday.
Park wood's lawyer, lames F. Fitz
patrick of Arnold 4 Porter, issued a
written statement that did not deny
reports that several Packwood employ
ees will bn represented by members of
the firm, the Portland newspajier said
Fitzpatrick's statement to the newspa
per. however, did say there was no con
flict of interest
"let me soy catogorically that Arnold
and Porter is not representing, and will
not represent, anyone where there is a
conflict of interest." Fitzpatrick's state
ment said
"In making our judgment whom we
can properly represent, we will not run
afoul of the conflict-of-interest rules."
he said
A report on a Senate Ethics Commit
tee investigation is not customarily
given to the target of the probe, in this
case Packwood, until the investigation
is completed. However, if the law firm
represents witnesses in the inquiry, it
may get an early look at the ethics inves
tigators' line of inquiry and the testimo
ny they are collecting.
Katherine Meyer, one of seven
lawyers representing petitioners seeking
Pack wood's removal from office, said
the dual representation would represent
a conflict of interest.
"I would say that looks like a conflict
of interest to me." Meyer said. "It would
make it difficult for them to l>oth vigor
ously represent the interest of Senator
Packwood at the same time they are rep
resenting his employees."
The ethics committee investigators
are interviewing many of the 23 women
who accused the BO-year-old senator of
unwanted sexual advances in Washing
ton Post articles published in November
and February. The investigators also
will interview Pack wood supporters.
The ethics committee also is looking
into an alleged campaign by Pack wood
to smear the women by gathering poten
tially damaging information about them
The rules of professional conduct for
the Washington. D C., bar association
state that lawyers may represent two
clients whose interests conflict if both
consent "after full disclosure of the exis
tence and nature of the possible conflict
and the possible adverse conse
quences."
Charles W Wolfram, an ethics expert
at Cornell University Law School, said
there would be a conflict only if Pack
wood's employees witnessed sexual
harassment or knew other incriminating
information.
Wolfram said Arnold & Porter could
avoid the problem by advising clients of
the potential conflict and assigning sep
arate attorneys who were advised not to
communicate with each other.
Employees who know potentially
incriminating information should seek
independent counsel, he said.
Some Packwood employees have
hired their own lawyers, including |osie
Martin, the press secretary in Pack
wood's Senate Finance Committee
office, and Lindy Pauli, his tax counsel
on the committee.
Martin and Pauli wrote statements in
support of Packwood to the Post before
the first story was published. They
declined to comment on their legal rep
resentation
RIGHTHn target
Oregon Daily E*IY16I*<ll(l
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Tbe Department of Romance Isamjuapeo preoento:
by Cecilia Vicuna
Monday, May 10 • 3:30 p.m.
Ben Under Room, EMU
'si I S]I S l li’Is]ls]_l1
Chant
of the Andes
J a contemporary reflection
(A bilingual portry reading}
ToBV^ti^rnMhRinftU
An Andean Autobiography in Art
Co~**fn*us*m) Ay: fix l*atw Am*m an Supptxf C+mmtiiff ami the
Csntrr ft*r fix StuJy.»/ Wtmxn m Stxxfy