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"The Administration of Justice in the Federal Republic of Germany
and Its Insulation From Political Influence," Raphael Perl, legal

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;
consultant, Subcommittee on Separation of Powers; chief consultant,
Select Committee on Presidential Campaign Activities, "Justice Without
Politics," The Progressive, April 1974---

Mills, Jon L., director, Center for Governmental Responsibility, letter of
April 29, 1974, with memorandum...

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.

454

456

458

378

307

468

Rodino, Hon. Peter W., Jr., Member of Congress representing the 10th
District of New Jersey; chairman, Committee on the Judiciary, House
of Representatives, letter of March 25, 1974.
"Summary of Responsibilities of Principal Legal Officers in Great Britain,'
a document furnished to the subcommittee by Hon. Whitney North
Seymour, Jr. during his testimony..

U.S. House of Representatives, Committee on Standards of Official Con-
duct, opinion in the matter of The Honorable Fred B. Rooney, et al. v.
James T. Lynn et al., U.S. District Court, the District of Columbia, letter
to Hon. Fred B. Rooney, March 14, 1974__

NEWS ARTICLES

Page

128

219

228

Cohen, Richard M., and Peter Osnos, "Key Petersen Role in Probe Shown,"
The Washington Post, Washington, D.C., May 3, 1974_..
Cutler, Lloyd, "Permanent Prosecutor," The New York Times, October 25,
1973.

505

508

Kelley, Orr, "Ervin Pushes Justice Shift, Independent Agency Sought,"
Washington Star-News, March 26, 1974..

509

Ledger-Star, Norfolk, Va., editorial, "Insulating Justice," December 17,

1973_.

McBee, Susanna:

510

"Saxbe Denounces Ervin's Proposal," The Washington Post, March
28, 1974.

511

"Effort Begins to Depoliticize Justice," The Washington Post, April 7,
1974.

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-
zine, May 5, 1974.

515

Newsweek, "Tough Act to Follow," December 29, 1969.-

523

The News and Observer, Raleigh, N.C., “Report to Ervin Panel Urges
Justice Revamp,” March 21, 1974--

524

The New York Times, "Super-Presidency," editorial, March 25, 1974-
Osnos, Peter and Richard M. Cohen, "Key Petersen Role in Probe Shown,'
The Washington Post, Washington, D.Č., May 3, 1974...

525

505

Viorst, Milton, "Keep Jaworski's Office," Washington Star-News, May 6,
1974.

526

Washington Star-News, "Witnesses Differ on Justice Plan,” March 27,
1974_

527

Wehrwein, Austin C., "Delivering Justice From Taint of Politics," Minne-
apolis Star, April 3, 1974__

528

BIBLIOGRAPHY

"Administration of Justice in Foreign Legal Systems: Selected References"-
"United States Department of Justice: Selected References," Paul M.
Downing, History and Government Division, Library of Congress - - -

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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

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