Vanderbilt University School of Law; W. Harold Bigham, professor of law; Robert D. Kamenshine, professor of law; Robert L. Knauss, professor of law and dean; Harold G. Maier, professor of law and Wechsler, Herbert, Harlan Fiske Stone professor of constitutional law, Columbia University in the City of New York, school of law, letter of Wright, Robert R., dean, college of law, and director of the law center, Press release, “ABA Creates Group to Study Federal Law Enforce- 341 "The National Institute of Justice," an introductory statement. "A Bill for an Act Creating a National Institute of Justice," Discussion Draft No. 1, and Commentary, October 1973- Rhyne, Charles S., chairman, Commission on a National Institute of Cranston, Hon. Alan, a U.S. Senator from the State of California, intro- duction of S. 2978, a bill to establish a commission to study the estab- lishment of an independent permanent mechanism for the investigation and prosecution of alleged wrongdoing by high Government officials, Congressional Record, February 7, 1974-.. A proposed bill to be cited as the "Public Prosecutor Act of 1974". Outline of paper, "Should We Have a Permanent Public Prosecutor,' Permanent Prosecutor," article, New York Times, October 25, 1973__ Ervin, Hon., Sam J., Jr., a Ú.S. Senator from the State of North Carolina, chairman, Subcommittee on Separation of Powers, introduction of S. 2803, a bill to establish the Department of Justice as an independent establishment of the United States, Congressional Record, vol. 119, Fernos, Gonzalo, Santurce, Puerto Rico "Administering Justice Through Fine, Ralph Adam, "The Politics of Justice," American Bar Association Journal, vol. 59, December 1973. 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"Proposals for Reform of the Justice Department," Richard Ehlke, legislative attorney, American Law Division, February 19, 1974--- "The Pros and Cons of Establishing an Independent Justice (Depart- ment) Agency and Federal (Bureau) Agency of Investigation," Harold C. Relyea, analyst, American National Government, Gov- ernment and General Research Division_.. "Great Britain" (the administration of justice) Robert L. Nay, assist- "Canada" (the administration of Justice) Jean V. Swartz, senior legal "The Administration of Justice in the Federal Republic of Germany specialist, European Law Division, Law Library, March 1974. "United States Department of Justice: Selected References,' M. Downing, History and Government Division__ Miller, Arthur S., professor of law, the George Washington University; Mills, Jon L., director, Center for Governmental Responsibility, letter of National Academy of Public Administration, "The Attorney General and the Department of Justice,' ch. 4 of Watergate: Its Implications for Responsible Government, a report prepared at the request of the Senate Select Committee on Presidential Campaign Activities, March 1974. Ingle, John W., "Center for Political Research Study/The Justice 454 456 458 378 307 468 Rodino, Hon. Peter W., Jr., Member of Congress representing the 10th U.S. House of Representatives, Committee on Standards of Official Con- NEWS ARTICLES Page 128 219 228 Cohen, Richard M., and Peter Osnos, "Key Petersen Role in Probe Shown," 505 508 Kelley, Orr, "Ervin Pushes Justice Shift, Independent Agency Sought," 509 Ledger-Star, Norfolk, Va., editorial, "Insulating Justice," December 17, 1973_. McBee, Susanna: 510 "Saxbe Denounces Ervin's Proposal," The Washington Post, March 511 "Effort Begins to Depoliticize Justice," The Washington Post, April 7, 512 Morning Sun, Baltimore, Md., editorial, "Non-Political Justice," March 25, 1974_. 515 Navasky, Victor S., "The Politics of Justice," The New York Times Maga- 515 Newsweek, "Tough Act to Follow," December 29, 1969.- 523 The News and Observer, Raleigh, N.C., “Report to Ervin Panel Urges 524 The New York Times, "Super-Presidency," editorial, March 25, 1974- 525 505 Viorst, Milton, "Keep Jaworski's Office," Washington Star-News, May 6, 526 Washington Star-News, "Witnesses Differ on Justice Plan,” March 27, 527 Wehrwein, Austin C., "Delivering Justice From Taint of Politics," Minne- 528 BIBLIOGRAPHY "Administration of Justice in Foreign Legal Systems: Selected References"- REMOVING POLITICS FROM THE ADMINISTRATION OF JUSTICE TUESDAY, MARCH 26, 1974 U.S. SENATE, SUBCOMMITTEE ON SEPARATION OF POWERS, COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 2228, Dirksen Senate Office Building, Senator Sam J. Ervin, Jr., presiding. Present: Senator Ervin and Senator Mathias. Also present: Rufus L. Edmisten, chief counsel and staff director; Walker F. Nolan, Jr., deputy chief counsel; J. L. Pecore, assistant counsel; Telma P. Moore, executive assistant; Clair W. Rodgers, Jr., minority counsel; J. Michael Carpenter, professional staff member; and Arthur S. Miller, consultant. Senator ERVIN. The subcommittee will come to order. OPENING STATEMENT OF SENATOR ERVIN Today the Subcommittee on Separation of Powers begins hearings on one of the most important subjects facing the American people: the independence of the administration of justice from the winds of partisan politics. We will consider two bills, S. 2803, which I introduced on December 12, 1973, and S. 2978, introduced on February 7, 1974, by Senator Cranston. My bill, S. 2803, would establish the Department of Justice as an independent establishment of the U.S. Government, independent from the President. Senator Cranston's bill calls for a commission to be established to study the question of whether an office of Permanent Special Prosecutor should be created. S. 2803, rather than being a finished product, is designed to provide a point of departure for informed discussion of the many problems confronting the system of administration of justice. In that sense it permits the beginning of the study of the need for an independent, permanent mechanism for investigating allegations of official misconduct that S. 2978, Senator Cranston's bill, calls for. As chairman of this subcommittee I welcome the distinguished panel of witnesses who will appear before it during the scheduled 4 days of hearings. No doubt many diverse views on the two bills will be heard. This we welcome. We look for advice and assistance from the witnesses as well as from those who are submitting written (1) |