[Congressional Record Volume 140, Number 12 (Wednesday, February 9, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
LEGISLATION TO EXTEND MANDATORY COVERAGE OF THE INDEPENDENT COUNSEL LAW 
                    TO JUSTICE DEPARTMENT ATTORNEYS

                                 ______


                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                      Wednesday, February 9, 1994

  Mr. TRAFICANT. Mr. Speaker, today I am introducing legislation to add 
a new section to the act that would require the Attorney General to 
call for the appointment of an independent counsel to investigate 
allegations that Justice Department attorneys engaged in prosecutorial 
misconduct, corruption, or fraud.
  The independent counsel provisions of the Ethics in Government Act of 
1978 require the Attorney General to conduct a preliminary 
investigation when presented with credible information alleging 
criminal wrongdoing by high-ranking executive branch officials. If the 
Attorney General finds that further investigation is warranted or makes 
no finding within 90 days, the act requires the Attorney General to 
apply to a special division of the U.S. Court of Appeals for the 
appointment of an independent counsel. The act also gives the Attorney 
General of the United States broad discretionary authority to seek the 
appointment of independent counsel with regard to individuals other 
than high executive branch officials. However, the Attorney General is 
not required to do so in such cases.
  My bill would amend the act to treat allegations of misconduct, 
corruption, or fraud on the part of Justice Department attorneys in the 
same manner as allegations made against high-ranking Cabinet officials. 
In effect, the amendment would require the Attorney General to follow 
the procedures of the independent counsel law when presented with 
specific and credible allegations of criminal wrongdoing on the part of 
Justice Department attorneys. My goal is to ensure that, when there is 
credible evidence of criminal wrongdoing in such cases, these cases are 
aggressively and objectively investigated.
  I am very concerned over the growing number of cases in which Justice 
Department attorneys have been accused of misconduct, corruption, or 
fraud. In several cases I have personally investigated, innocent men 
fell victim to overzealous or corrupt Federal prosecutors. The Justice 
Department has a poor record of aggressively and objectively 
investigating these cases. The only way to uncover all the facts and 
guarantee that innocent lives are not destroyed, is to have a truly 
independent counsel appointed to investigate. The American people 
expect that the Justice Department--more than any other Federal 
agency--conduct its business with the highest level of ethics and 
integrity. Unfortunately, there are instances where this is not always 
the case. It is imperative that the Independent Counsel Act be amended 
to require that allegations of criminal misconduct on the part of 
Justice Department attorneys be treated with the same seriousness as 
allegations made against high-ranking Cabinet officials.
  The text of my bill was presented yesterday to the Rules Committee as 
a proposed amendment to the Independent Counsel Reauthorization Act. 
Unfortunately, the Rules Committee did not allow this amendment to be 
considered by the House. That is why I am introducing this legislation 
today. I hope to work with the members of the Judiciary Committee to 
have the measure reviewed and approved as soon as possible. I urge all 
of my colleagues to support this bill, the test of which is as follows:

                                H.R.----

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADDITIONAL AUTHORITY FOR APPOINTMENT OF 
                   INDEPENDENT COUNSEL.

       Section 592(c) of title 28, United States Code, is amended 
     by striking ``or'' at the end of subparagraph (A), by 
     striking the period at the end of subparagraph (B) and 
     inserting ``; or'', and by adding after subparagraph (B) the 
     following:
       ``(C) the Attorney General, upon completion of a 
     preliminary examination under this chapter, determines that 
     there are reasonable grounds to believe that--
       ``(i) attorneys of the Department of Justice have engaged 
     in prosecutorial misconduct, corruption, or fraud, and
       ``(ii) further investigation.''.

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