LEGISLATION BEFORE THE SUBCOMMITTEE S. 2803, a bill to insure the separation of constitutional powers by estab- lishing the Department of Justice as an independent establishment of the United States; introduced by Hon. Sam J. Ervin, Jr., a U.S. Senator S. 2978, a bill to establish a special commission to study the establishment of an independent permanent mechanism for the investigation and prosecution of official misconduct and other offenses committed by high Government officials; introduced by Hon. Alan Cranston, a U.S. Sen- 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, S. 3395, a bill to reorganize the Department of Justice, to require nonpar- 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”. The Association of the Bar of the City of New York, Committee on Federal Legislation, "The Department of Justice as an Independent Morse, Prof. H. Newcomb, the school of law, Memphis State University__ Peterson, Bruce, professor of law, the University of Tulsa College of Law, 32 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, 327 Press release, "ABA Creates Group to Study Federal Law Enforce- "The National Institute of Justice," an introductory statement. "A Bill for an Act Creating a National Institute of Justice," Discussion 340 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,' 338 376 140 "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.. George Washington University, National Law Center, Peter A. Dingman Griffith, Thomas, "Putting Politics in Its Place at the Justice Department,' Hart, Hon. Philip A., a U.S. Senator from the State of Michigan, "Politics Hempstone, Smith, Washington Star-News, letter to Arthur S. Miller, chief consultant, Select Committee on Presidential Campaign Activities, 508 314 351 140 Hogan, Hon. Frank S., district attorney of New York County, "The Inde- pendence of the Prosecutor," address before the New York Criminal Huston, Luther A., "The Department as Now Constituted," chapter III 367 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, "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, "Constitutionality of an Independent Prosecutor," Robert L. Tienken, senior specialist in American public law, American Law Division, "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- "Canada" (the administration of Justice) Jean V. Swartz, senior legal "United States Department of Justice: Selected References," Paul 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_ 454 456 458 463 378 307 468 Ingle, John W., "Center for Political Research Study/The Justice "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 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, 510 McBee, Susanna: "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, 515 Navasky, Victor S., "The Politics of Justice," The New York Times Maga- 515 Newsweek, "Tough Act to Follow," December 29, 1969.. The News and Observer, Raleigh, N.C., "Report to Ervin Panel Urges 523 524 Viorst, Milton, "Keep Jaworski's Office," Washington Star-News, May 6, The New York Times, "Super-Presidency," editorial, March 25, 1974--- 525 505 526 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"- |