
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, January 25, 1994                   TAG: 9401250161
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A-1   EDITION: METRO 
SOURCE: The Washington Post
DATELINE: WASHINGTON                                LENGTH: Medium

JUDGE: PACKWOOD MUST TURN OVER DIARIES

A federal judge Monday upheld the Senate Ethics Committee's subpoena for the diaries of Sen. Bob Packwood, R-Ore., and ruled that Packwood must turn the journals over to the panel as part of its probe of his sexual and official conduct.

U.S. District Judge Thomas Penfield Jackson rejected Packwood's contention that the subpoena violated his constitutional rights to privacy and protection against self-incrimination and held that the materials are "unquestionably relevant in some part" to the committee's probe.

Jackson also affirmed the committee's right to use such a subpoena to investigate allegations of misconduct by a member, saying the subpoena is "not impermissibly broad, even though the diaries might prove compromising to Sen. Packwood in respects the committee has not yet foreseen."

Jackson set a conference for Thursday to determine procedures for production of the diary tapes and transcripts, which he had earlier ordered Packwood's attorneys to surrender to the custody of the court. The materials remain in the court's custody.

Asked whether the senator would appeal and seek a stay of any orders from Jackson, Bobbi Munson, Packwood's press secretary, said, "The senator and his lawyer have not had time to review the ruling."

Jackson's ruling did not address a separate subpoena that the Justice Department has filed for the diaries in an investigation of Packwood's ties to one or more lobbyists who offered jobs to his wife during their divorce proceedings. The department earlier this month intervened in the Senate case, filing its motions under seal of secrecy.

The dispute over Packwood's diaries grew out of the Ethics Committee's already year-long probe of allegations that the senator made unwanted sexual advances to more than two dozen women during his four terms in the Senate and attempted to intimidate them from telling their stories.

The committee insisted on examining the diaries after Packwood referred to them during a deposition in early October, and committee investigators reviewed hundreds of pages before Packwood balked at an entry involving jobs for his then-wife, according to Packwood and Ethics Committee members.

by CNB