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[ProSense]

On August 2, 1983, the U.S. House of Representatives passed a bill creating a legal public holiday in honor of the Rev. Martin Luther King, Jr. Although there had been little discussion of the bill in the House itself and little awareness among the American public that Congress was even considering such a bill, it was immediately clear that the U.S. Senate sould take up the legislation soon after the Labor Day recess.

The House had passed the King Holiday Bill by an overwhelming vote of 338-90, with significant bipartisan support (both Reps. Jack Kemp and Newt Gingrich voted for it), and the Reagan administration was indicating that the president would not veto it if it came before him. In these circumstances, most political observers seemed to think that Senate enactment and presidential signature of the bill would take place virtually unopposed; few anticipated that the battle over the King holiday in the next few weeks would be one of the most bitter congressional and public controversies of the decade.

From 1981 to 1986 I worked on the staff of North Carolina Republican Sen. John P. East, a close associate and political ally of the senior senator from North Carolina, Jesse Helms. While the legislation was being considered I wrote a paper entitled "Martin Luther King, Jr.: Political Activities and Associations." It was simply documentation of the affiliations with various individuals and organizations of communist background that King had maintained since the days when he first became a nationally prominent figure.

In September, the paper was distributed to several Senate offices for the purpose of informing them of these facts about King, facts in which the national news media showed no interest. It was not originally my intention that the paper be read on the floor of the Senate, but the Helms office itself expressed an interest in using it as a speech, and it was read in the Congressional Record on October 3, 1983. During ensuing debate over the King holiday, I acted as a consultant to Sen. Helms and his regular staff.

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Meanwhile, Sen. Helms, with legal assistance from the Conservative Caucus, filed suit in federal court to obtain the release of FBI surveillance tapes on King that had been sealed by court order until the year 2027. Their argument was that senators could not fairly evaluate King's character and beliefs anc ast an informed vote on the holiday measure until they had gained access to this sealed material and had an opportunity to examine it. The Reagan Justice Department opposed this action, and on October 18, U.S. District Judge John Lewis Smith, Jr. refused to release the King files, which remain selaed to this day.

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