A federal judge said Thursday he intends to order Sen. Bob Packwood to turn over his diaries to the court while the judge decides if the Senate can seize the material for its investigation of the Oregon Republican.
U.S. District Judge Thomas Penfield Jackson said "by the close of business today" he intends to issue an order requiring that the senator's tapes and diaries be turned over to the district court clerk's office "in their entirety."Packwood's secretary said this week that the senator had altered the material, which the Senate Ethics Committee has sought as part of its inquiry into Packwood's alleged sexual and official misconduct.
Jackson announced his plans at the opening of a court hearing to determine whether the Senate Ethics Committee is entitled to Packwood's personal papers and tapes.
Michael Davidson, the Senate's chief counsel, said, "We are not asking the court to judge Senator Packwood's conduct." He said the committee is seeking the judge's "aid in obtaining evidence."
Davidson added that the committee's proposed procedure for reviewing the material is reasonable and should be upheld by the judge.
The Senate, on a 94-6 vote last month, directed its Ethics Committee to seek a court order enforcing a subpoena for Packwood's diary tapes and transcripts.
On Tuesday, Senate lawyers asked the U.S. District Court to seize the diary materials after Packwood's former Senate secretary claimed he had altered some of the tapes used to transcribe the diaries in the year since the probe began.
The ethics panel must now "ascertain whether Senator Packwood has endeavored to obstruct the committee's inquiry," Senate lawyers said, characterizing its request for the diaries as "urgent."
Packwood is opposing the subpoena, arguing it violates his constitutional right to privacy and his Fifth Amendment right against self-incrimination.
The Ethics Committee is investigating allegations that Packwood made unwanted sexual advances to more than two dozen women, including Senate employees, and tried to intimidate some witnesses.