Trends in Long-Term Care - U.S. Senate Special Committee on Aging

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someone who, <strong>in</strong> the past, has demonstrated an <strong>in</strong>tention, a purpose,
and <strong>in</strong> fact a practice of leak<strong>in</strong>g them selectively with false statements
to the press, and, therefore, we need assurance that they will not be
made available to Mr. Ste<strong>in</strong>, or to the members of his staff.
I notice two gentlemen sitt<strong>in</strong>g beh<strong>in</strong>d him, I submit aga<strong>in</strong>, <strong>in</strong> terms,
Mr. Chairman, you say it is a matter of appearances.
I th<strong>in</strong>k it is a matter of very fundamental constitutional rights
<strong>in</strong>volved here.
The <strong>Senate</strong> is sitt<strong>in</strong>g, and the witness is prepared to offer every
cooperation, but is not prepared to have someone aga<strong>in</strong>st whom he has
brought a suit <strong>in</strong> Federal district court, mak<strong>in</strong>g a very serious allegation,
who has been found to be act<strong>in</strong>g improperly by a State judge,
def<strong>in</strong>itively, conclusively, <strong>in</strong> litigation that has been fully litigated
before that State judge, to have that person sit up there <strong>in</strong> judgment.
I th<strong>in</strong>k <strong>in</strong> the cases where you referred to, where the committee has
<strong>in</strong> the past <strong>in</strong>vited <strong>in</strong>terested persons, I daresay probably it has
never occurred that those <strong>in</strong>terested persons have been <strong>in</strong>volved <strong>in</strong>
those k<strong>in</strong>ds of litigations, have been found guilty of mispractices
that this gentleman has been found of, and are be<strong>in</strong>g entitled to sit
there, I th<strong>in</strong>k, to create false impressions.
Senator Moss. Well, I of course know noth<strong>in</strong>g about a lawsuit. I
am not aware of any of that. I don't know whether your allegations
are correct or <strong>in</strong>correct, but I can assure you, Mr. Ste<strong>in</strong> is not sitt<strong>in</strong>g
as a member of this committee, that the records will not be turned
over to him, or anybody of his commission; they will rema<strong>in</strong> <strong>in</strong> the
jurisdiction of this committee and the General Account<strong>in</strong>g Office
until they are returned to the owners of the records, and if that is not
assurance enough, why, I do not know how much more assurance I
can give you.
Mr. Ste<strong>in</strong> is not go<strong>in</strong>g to ask any questions. He has not spoken
to me other than greet<strong>in</strong>g me. I greeted him, said I was glad to meet
him for the first time today, that is it.
Mr. LEWIN. Mr. Chairman, I submit no other witness on that witness
list has been given the opportunity to sit up there on that bench.
My client has not been given the opportunity, and I th<strong>in</strong>k no one
has suggested to him that he might sit up on the bench and make
an <strong>in</strong>troductory statement.
I th<strong>in</strong>k as the Chairman <strong>in</strong>dicated, the appearance of it is wrong,
and I am not simply, as a matter of obligation to my client, say to
him, well, now, you can just go ahead with precisely the very central
objection we have had with this hear<strong>in</strong>g s<strong>in</strong>ce the time it was called.
I th<strong>in</strong>k it is a matter of history, I th<strong>in</strong>k we have called to your
attention that Mr. Ste<strong>in</strong> made public statements, he would run this
committee, he would preside over it, he would run it, he would operate
it, he would decide when it would be held.
We will not cooperate with any effort run by Mr. Ste<strong>in</strong> <strong>in</strong> that
regard. It is really quite that simple.
Senator Moss. I th<strong>in</strong>k we are probably hav<strong>in</strong>g quite a tempest
over someth<strong>in</strong>g that is not important. If Dr. Bergman would like
to come and sit up here, I would be glad to have him.
[Applause.]
Assemblyman STEIN. If my presence on the podium so <strong>in</strong>timidates
the good doctor, when he is ready to testify, sir, I will be glad to come
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