[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 23 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
S. J. RES. 23

 Expressing the sense of the Congress that the Attorney General should 
 exercise her best professional judgment, without regard to political 
  pressures, on whether to invoke the independent counsel process to 
   investigate alleged criminal misconduct relating to any election 
                               campaign.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 1997

 Mr. Levin (for himself) and Mr. Leahy introduced the following joint 
            resolution; which was read twice and considered

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Expressing the sense of the Congress that the Attorney General should 
 exercise her best professional judgment, without regard to political 
  pressures, on whether to invoke the independent counsel process to 
   investigate alleged criminal misconduct relating to any election 
                               campaign.

Whereas the independent counsel law was created to restore public confidence in 
        the criminal justice system after the abuses of the Watergate scandal;
Whereas the decision on whether to invoke the independent counsel process in a 
        particular matter rests by constitutional necessity with the Attorney 
        General and not with the United States Congress;
Whereas the law provides, in section 591(a) of title 28, United States Code, 
        that the Attorney General must invoke the independent counsel process 
        where there is specific information from a credible source that a crime 
        may have been committed by a covered person;
Whereas the law provides, in section 591(c)(1) of title 28, United States Code, 
        that the Attorney General may invoke the independent counsel process 
        where there is specific information from a credible source that a crime 
        may have been committed by any other person and where the Justice 
        Department has a personal, financial, or political conflict of interest;
Whereas the law provides, in section 591(c)(2) of title 28, United States Code, 
        that the Attorney General may invoke the independent counsel process 
        where there is specific information from a credible source that a crime 
        may have been committed by a Member of Congress and where it would be in 
        the public interest to do so;
Whereas the Attorney General has invoked the independent counsel law in the 
        past, and has stated that she will invoke the law again if and when the 
        legal standards have been met in a particular matter;
Whereas the independent counsel law was never intended to be used in a partisan 
        manner, and such a misuse of the law would damage public confidence in 
        the criminal justice system; and
Whereas it would be unprecedented and inappropriate for the Congress to cast a 
        vote which would have the appearance of attempting to politically 
        influence a decision by the Attorney General on whether to invoke the 
        independent counsel process in a particular manner: Now, therefore, be 
        it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That it is the sense of the 
Congress that the Attorney General should exercise her best 
professional judgment, without regard to political pressures and in 
accordance with the standards of the law and the established policies 
of the Department of Justice, to determine whether the independent 
counsel process should be invoked, pursuant to section 591 (a) or (c), 
to investigate allegations of criminal misconduct by any government 
official, Member of Congress, or other person in connection with any 
presidential or congressional election campaign.
                                 <all>