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S. 2615, a bill to establish an Office of Counsel General in the legislative

branch of Government, and for other purposes, introduced by Hon.

Vance Hartke, a U.S. Senator from the State of Indiana, 93d Congress,

2d session.

271

S. 3395, a bill to reorganize the Department of Justice, to require nonpar-

tisan appointments to policymaking

positions in such Department, intro-

duced by Hon. Robert C. Byrd (for Hon. Lloyd Bentsen), April 28, 1974. 278

LEGISLATION PROPOSED BY WITNESS

A proposed bill drafted by Lloyd Cutler, Esq., "To insure the due ad-

ministration of justice with respect to the Commission of Crimes by

officers and employees of the Executive Branch and with respect to Fed-

eral elections, to remove enforcement responsibilities in such cases from

individuals with actual or apparent conflicts of interest, and to establish

an independent Public Prosecutor to further those purposes”.

283

STATUTES

Title 3, U.S.C., $ 19.

289

Title 5, U.S.C., $ 101, 5312-5316-

289

Title 28, U.S.C., g 501-510, 532, 541, 546, 561, 565.-

296

STATEMENTS SUBMITTED FOR THE RECORD

The Association of the Bar of the City of New York, Committee on

Federal Legislation, "The Department of Justice as an Independent

Establishment”.

298

Bowman, Pasco M., dean, Wake Forest University School of Law, letter

of March 21, 1974.-.

307

Center for Governmental Responsibility, “Memorandum on Establish-

ment of an Independent Justice Department”.

307

Dixon, Hon. Robert G., Jr., Assistant Attorney General, Office of Legal

Council, Department of Justice, letter of April 12, 1974.

311

Dorsen, Norman, professor of law, New York University School of Law,

letter of April 29, 1974.

312

Fernos, Gonzalo, San Juan, Puerto Rico.

318

Fordham, Jefferson B., college of law, the University of Utah, letters of

March 22 and March 26, 1974.-

320, 322

Huber, Richard G., dean, Boston College Law School, letter of Feb-

ruary 26, 1974.

322

Mishkin, Paul J., professor of law, University of California, Berkeley,

letter of March 28, 1974.--

323

Morgan, Hon. Robert, attorney general of North Carolina; president,

National Association of Attorneys General.-

324

Morse, Prof. H. Newcomb, the school of law, Memphis State University-. 325

Peterson, Bruce, professor of law, the University of Tulsa College of Law,

letter of March 2, 1974.-

326

Pye, A. Kenneth, dean, school of law, Duke University, letter of Jan-

uary 30, 1974.'.

326

Stanton, James V., a Representative in Congress from the 20th Congres-

sional District of Ohio..

331
Page

327

337

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
director of transnational legal studies; Thomas R. McCoy, associate
professor of law and associate dean; Paul H. Sanders, professor of law,
joint letter of April 5, 1974.-

Wechsler, Herbert, Harlan Fiske Stone professor of constitutional law,

Columbia University in the City of New York, school of law, letter of

February 12, 1974-

Wright, Robert R., dean, college of law, and director of the law center,

the University of Oklahoma, letter of February 8, 1974.-

SUPPLEMENTAL MATERIALS

American Bar Association:

Press release, “ABA Creates Group to Study Federal Law Enforce-

ment; Meserves Suggests Removing Politics From Justice,"

June 15, 1973-

Press release, "Spann Named Chairman of ABA Group to Study

Law Enforcement,” August 3, 1973----

"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

Justice, ABA, letter to judges, November 16, 1973.-

Tracey, John P., associate director, ABA, letter of November 26, 1973.

Attorneys General of the United States, 1789–1967.

Committee for Public Justice, “The Politics of Justice: An Inquiry Into

the Justice Department,” súmmary of proceedings of conference held in

Washington, D.C., February 7, 8, 9, 1974..

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..

Cutler, Lloyd N., Esq.:

A proposed bill to be cited as the "Public Prosecutor Act of 1974”.

Outline of paper, “Should We Have a Permanent Public Prosecutor,"

prepared for the Committee on Public Justice.--

“Permanent Prosecutor,” article, New York Times, October 25, 1973.-

Ervin, Hon., Sam J., Jr., a U.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,

No. 195, December 12, 1973.

Fernos, Gonzalo, Santurce, Puerto Rico "Administering Justice Through

Judiciary Discretion”

Fine, Ralph Adam, “The Politics of Justice," American Bar Association

Journal, vol. 59, December 1973..

George Washington University, National Law Center, Peter A. Dingman

and Ira Meiselman, co-chairmen of Special Prosecutor Task Force,
"Federal Special Prosecutor Act of 1974," a memorandum..

Griffith, Thomas, “Putting Politics in Its Place at the Justice Department,'

Fortune, October 1973.

Hart, Hon. Philip A., a U.S. Senator from the State of Michigan,“Politics

of Justice,” statement to the Senate, Congressional Record, vol. 120, No.

39, March 22, 1974.

Hempstone, Smith, Washington Star-News, letter to Arthur S. Miller, chief

consultant, Select Committee on Presidential Campaign Activities,

November 8, 1973..

Hogan, Hon. Frank S., district attorney of New York County, “The Inde-

pendence of the Prosecutor, address before the New York Criminal

Bar Association, May 16, 1973

Huston, Luther A., “The Department as Now Constituted,” chapter III

of Department of Justice--

363

508

314

351

140

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Justice Department:

Act to Establish (41st Congress, Session, 1870) -

Justice Department Organizational Chart, U.S. Government Manual.

Larson, Arthur, professor of law, Duke University:

Letter of April 23, 1974.-

“The 'Executive Branch' Myth”.

Library of Congress, Congressional Research Service:

“From 'Attornatus' to the Department of Justice: An Historical

Perspective of the Nature of the Attorney Generalship of the United

States as Embodied in the Department of Justice Act of 1870,”

James A. Hightower, Government and General Research Division,

August 17, 1966--

“Circumstances Surrounding the Creation of the Office of the Attorney

General and the Justice Department,” Harold C. Relyea, analyst,

American National Government and General Research Division,

November 14, 1972---

Constitutionality of an Independent Prosecutor,” Robert L. Tienken,

senior specialist in American public law, American Law Division,

October 31, 1973.-

Constitutional Issues Raised by S. 2803, 93d Congress—To Establish

an Independent Department of Justice," Robert L. Tienken, senior

specialist in American Public Law, March 25, 1974.-

Establishing an Independent Federal Prosecutor: A Preliminary

Analysis of the Constitutional Issues,” Johnny H. Killian, assistant

chief, American Law Division, October 29, 1973.-

“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-

ant chief, American-British Law Division, Law Library, March

1974..

Canada” (the administration of Justice) Jean V. Swartz, senior legal

specialist, American-British Law Division, Law Library, March

1974..

"The Administration of Justice in France and Its Insulation From

Political Influence,” Raphael Perl, legal specialist, European Law

Division, Law Library, March 1974.-

“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,” Paul

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

4

Responsible Government, a report prepared at the request of the

Senate Select Committee on Presidential Campaign Activities, March

1974.

The National Journal;

Ingle, John W. Center for Political Research Study/The Justice

Department,” vol. 2, No. 6, February 7, 1970.--

Cohen, Richard E.:

“Senate Unit Drafts Proposal to Reduce Patronage in Staffing of

U.S. Attorneys' Offices,” vol. 5, No. 16, April 21, 1973-

“Richardson Moves to Assert His Control of Watergate-Shaken

Justice Department,” vol. 5, No. 28, July 14, 1973-

“U.S. Attorneys Push Wide-ranging Study to Gain Larger Role

in Law Enforcement Policy," vol. 5, No. 28, December 1,

1973-

454

468

NEWS ARTICLES

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.

Kelley, Orr, "Ervin Pushes Justice Shift, Independent Agency Sought,”

Washington Star-News, March 26, 1974.-

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

1973..

McBee, Susanna:

“Saxbe Denounces Ervin's Proposal,” The Washington Post, March

28, 1974.

Effort Begins to Depoliticize Justice,The Washington Post, April 7,

1974.

Morning Sun, Baltimore, Md., editorial, “Non-Political Justice,” March 25,

1974,

Navasky, Victor S., “The Politics of Justice,” The New York Times Maga-

zine, May 5, 1974.

Newsweek, “Tough Act to Follow,” December 29, 1969.

The News_and Observer, Raleigh, N.C., “Report to Ervin Panel Urges

Justice Revamp,” March 21, 1974.-

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.C., May 3, 1974.-

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

1974.

Washington Star-News, “Witnesses Differ on Justice Plan,” March 27,

1974..

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

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---

BIOGRAPHICAL SKETCHES OF WITNESSES
Amadeo, Dr. Santos P...
Clark, Hon. Ramsey
Cox, Prof. Archibald.
Cutler, Lloyd, Esq--.
Dixon, Hon. Robert G., Jr..
Goldberg, Hon. Arthur J.
Goodell, Hon. Charles E..
Katzenbach, Hon. Nicholas deB.
Kleindienst, Hon. Richard G.-
Marshall, Deputy Dean Burke.
Rankin, Hon. J. Lee...
Rogovin, Mitchell, Esq -
Seymour, Hon. Whitney North, Jr..
Sorensen, Hon. Theodore C.--

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