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TO INSURE THE SEPARATION OF CONSTITUTIONAL
POWERS BY ESTABLISHING THE DEPARTMENT OF JUS-
TICE AS AN INDEPENDENT ESTABLISHMENT OF THE

UNITED STATES

AND

S. 2978

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 COM-

MITTED BY HIGH GOVERNMENT OFFICIALS

MARCH 26, 27, 28, AND APRIL 2, 1974

Printed for the use of the Committee on the Judiciary

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Selate Countere

United States. Conquess.

che diciary,' subcou uittee and Sef li 11.!!

on the
REMOVING POLITICS FROM THE
ADMINISTRATION OF JUSTICE

HEARINGS

BEFORE THE

SUBCOMMITTEE ON SEPARATION OF POWERS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-THIRD CONGRESS

SECOND SESSION

ON

S. 2803
TO INSURE THE SEPARATION OF CONSTITUTIONAL
POWERS BY ESTABLISHING THE DEPARTMENT OF JUS-
TICE AS AN INDEPENDENT ESTABLISHMENT OF THE

UNITED STATES

AND

S. 2978
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 COM-

MITTED BY HIGH GOVERNMENT OFFICIALS

MARCH 26, 27, 28, AND APRIL 2, 1974

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

33-876

WASHINGTON : 1974

K Fab
1874

1974

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina

HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland ROBERT C. BYRD, West Virginia

EDWARD J. GURNEY, Florida JOHN V. TUNNEY, California

PETER M. STOCKETT, Jr., Chief Counsel and Staj Director

SUBCOMMITTEE ON SEPARATION OF POWERS

SAM J, ERVIN, JR., North Carolina, Chairman JOHN L. MCCLELLAN, Arkansas

CHARLES MCC. MATHIAS, JR., Maryland
QUENTIN N. BURDICK, North Dakota EDWARD J. GURNEY, Florida
ROBERT C. BYRD, West Virginia

RUFUS L. EDMISTEN, Chief Counsel and Staff Director
WALKER F. NOLAN, Jr., Deputy Chief Counsel
TELMA P. MOORE, Executive Assistant

J. L. PECORE, A88istant Counsel
CLAIR W. RODGERS, Jr., Minority Counsel
J. MICHAEL CARPENTER, Professional Staff Member

CONSTANCE L. BUTLER, Staff A88istant

BETTY L. DAVIS, Staf Assistant

PHILIP B. KURLAND, Chief Consultant
ALEXANDER M. BICKEL, Consultant

ARTHUR S, MILLER, Consultant
RALPH K. WINTER, Jr., Consultant

(II)

CONTENTS

HEARING DAYS

WITNESSES

233

82
311

Amadeo, Dr. Santos P., of the law firm of Amadeo & Amadeo, Rio Piedras,

Puerto Rico

Clark, Hon. Ramsey, former Attorney General of the United States..

Cox, Archibald, Williston Professor of Law, the Harvard Law School;

former Solicitor General of the United States; and former Special Prose-

cutor, Department of Justice..

Cranston, Hon. Alan, a U.S. Senator from the State of California, sponsor

of S. 2978_.

Cutler, Lloyd, Esq., of the law firm of Wilmer, Cutler & Pickering, Wash-

ington, D.Č., former general counsel to the President's Commission on

the Causes and Prevention of Violence.
Dixon, Hon. Robert G., Jr., Assistant Attorney General, Office of Legal
Counsel, Department of Justice.

Amplification of testimony, letter of April 12, 1974..

Goldberg, Hon. Arthur J., former Justice of the Supreme Court of the

United States..

Goodell, Hon. Charles E., chairman, Committee for Public Justice; former

U.S. Senator from the State of New York; accompanied by Mr. Leon

Friedman, executive director Committee for Public Justice

Hartke, Hon. Vance, U.S. Senator from the State of Indiana_

Katzenbach, Hon. Nicholas deB., former Attorney General of the United

States.

Kleindienst, Hon. Richard G., former Attorney General of the United

States.

Marshall, Burke, deputy dean, Yale Law School, former Assistant Attorney

General of the United States_

Rankin, Hon. J. Lee, of the law firm of Rankin Rankin, New York;

former Assistant Attorney General of the United States; former Solicitor

General of the United States..

Rogovin, Mitchell, Esq., of the law firm of Arnold & Porter, Washington,

D.C.; former Assistant Attorney General of the United States -

Rooney, Hon. Fred B., U.S. Representative from the 15th District of

Pennsylvania

Seymour, Hon. Whitney North, Jr., of the law firm of Simpson, Thacher &

Bartlett, New York; former U.S. attorney, southern district of New

York.

Sorensen, Hon. Theodore C., of the law firm of Paul, Weiss, Rifkind,

Wharton & Garrison, New York; former special counsel to President

Kennedy

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