August 4, 1994 - Part 13
August 4, 1994 - Part 13
(00:35:15) The CHAIRMAN. Senator Bryan. Senator BRYAN. Thank you very much, Mr. Chairman. Mr. Nuss- baum, I was struck by your comment on page 3 of your statement when you go on to say "I sought to conduct myself in the hightest traditions of public service and of my profession." I believe that. Mr. NUSSBAUM. Thank you, Senator. Senator BRYAN. I watched a part of your testimony before the House where you spoke, I thought, with some eloquence and, great deal of emotion about how honored you had been to serve as White House Counsel. I think that was real, not staged. I think a central feature of this, in what I see running through thought process and your analysis, is what I would characterize as an overlegalistic, mechanistic approach with these issues you had to deal with. Let me talk first about the nature of the RTC." Both you and Mrs. Hanson make the point that it was not an inde- pendent agency, and then you go on to cite as authority for that proposition that indeed, unlike the SEC, it did not have a fixed term for its appointees and others. Now it's been a long time since I've practiced law, and I will no quarrel with your legal scholarship. You may very well be right in a court of law. But let me suggest to you that I think that that reasoning was fatally flawed in the court of public opinion. I believe it is the perception of the public, I believe it was the intent of Con; gress, although it may have not been carefully executed, that we did contemplate and intend that the RTC would function separately from the Treasury and that agency ought not to have been considered as if it were some division or bureau within the Department. So I think that that was a fatal mistake in the reasoning process as you viewed your relationship with Mr. Altman as he approached you in the context of his dual responsibility as Acting Head of the RTC. Let me make a comment, if I may, about the doctrine of legal recusal. Again, as a persuasive advocate, you may very well be right in a strictly legalistic sense. And I would think that it would be a real delight for a graduate student in a school of public administration to hear you expound upon your views and discuss it because I believe that you sincerely believe that. I don't question your judgment. I must say that, with all due respect, I think that's a very ivory tower approach. I don't think that meets the test of what the public expectation is and Senator Shelby and others have pointed out, that last paragraph, and I shall not burden my colleagues with it this evening, where the perception of fairness by the public, that is a reasonable standard. As an institution of Government, in order to enjoy public confidence, the public must perceive and believe that all who are executing functions on behalf of the Government are acting fairly, even though their conduct would not be prohibited or, prescribed by some purely legal standard. That is my sense. And finally, let me just offer a comment and if I have the chance, I'm going to ask one question and not prolong this discussion. With respect to your relationship with Mr. Altman and how he perceived You, I don't think that you beat him up, As I was hearing your 505 powerful-and I must say I admire you greatly in terms of your integrity and your courage in expressing your views here, discussing the duty to stay in there and to, in effect, perform what you believe was his responsibility, I thought of the book that I read on the life of MacArthur and Gregory Peck going up to West Point for what MacArthur talked about was his final rollcall where he gave that great emotional speech, duty, honor and country. Let me suggest that anybody in your presence who is treated to the kind of discussion that you've given us tonight, I think, would have left that meeting with the belief, duty, honor and country compel me to do so. I've just heard Mr. Nussbaum give that point of view. That's my perception. May I ask you a question? Mr. NUSSBAUM. I'm complimented to be compared to General MacArthur's speech at West Point. [Laughter.]