[Congressional Record Volume 141, Number 4 (Monday, January 9, 1995)]
[Extensions of Remarks]
[Pages E62-E63]
From the Congressional Record Online through the Government Publishing Office [www.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

                         Monday, January 9, 1995

  Mr. TRAFICANT. Mr. Speaker, today I am reintroducing 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. I introduced identical legislation in 
the last Congress.
  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.
  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 text 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 [[Page E63]] 
       ``(ii) further investigation is warranted.''.

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