NCJ Number
47630
Date Published
1976
Length
12 pages
Annotation
THE CRISIS IN CREDIBILITY AND INTEGRITY FACED BY THE DEPARTMENT OF JUSTICE (DOJ) FOLLOWING THE NIXON ADMINISTRATION IS REVIEWED AND RECOMMENDATIONS ARE MADE WHICH WOULD PROHIBIT A RECURRENCE OF SUCH A CRISIS.
Abstract
A RADICAL CHANGE TOOK PLACE IN THE DOJ UNDER RICHARD NIXON WHICH WAS UNPRECEDENTED IN ITS HISTORY. NIXON STAFFED THE DOJ WITH POLITICIANS (NOTABLY MITCHELL, KLEINDIENST, AND SAXBE) WHO BROUGHT WITH THEM POLITICAL CIVIL RIGHTS ENFORCEMENT, PARDONS AND PAROLE, ANTITRUST AND CIVIL LITIGATION, AND IN FIRST AMENDMENT AND OTHER AREAS THE DEPARTMENT ESPOUSED POLITICAL POSITIONS AND TOOK POLITICAL ACTIONS AT ODDS WITH THE CONCEPTS OF JUSTICE AND LAW. FIVE YEARS AFTER NIXON VOWED TO PRESERVE LAW AND ORDER, HE LEFT BEHIND HIM THE MOST CRIMINAL ADMINISTRATION IN THE HISTORY OF THE UNITED STATES, THE AUTHORS ALLEGE. IF THE INTEGRITY OF THE DOJ IS TO BE RESTORED, MEASURES MUST BE TAKEN TO ASSURE THE INDEPENDENCE OF THE DOJ FROM FUTURE POLITICIZATION AND POTENTIAL CORRUPTION. THE DEPARTMENT IS A PLACE OF LAW AND LAW ENFORCEMENT, AND AS SUCH IT MUST BE GUIDED BY THE LAW AND ITS INTERPRETATION BY THE COURTS REGARDLESS OF THE POSITIONS OF THE INCUMBENT ADMINISTRATION OR OF INDIVIDUAL PERSONNEL. THE PRESIDENT OR OTHERS ACTIVE IN HIS BEHALF SHOULD BE PROHIBITED FROM INTERFERING IN DOJ MATTERS OR CASES. THE EXISTENCE OF EVERY COMMUNICATION FROM THE CONGRESS, THE WHITE HOUSE, OR THE PRIVATE SECTOR SHOULD BE MADE A PUBLIC RECORD. DOJ APPOINTEES SHOULD BE, IN THE WORDS OF THE 1789 JUDICIARY ACT 'MEET PERSON(S) LEARNED IN THE LAW.' DOJ PRESIDENTIAL APPOINTEES SHOULD BE PROHIBITED FROM ENGAGING IN POLITICAL ACTIVITIES DURING THEIR TENURE. A NUMBER OF PRESIDENTIAL APPOINTEES SHOULD BE DRAWN FROM THE OPPOSITE PARTY AND/OR FEDERAL CAREER LEGAL SERVICE. U.S. ATTORNEY POSITIONS SHOULD USUALLY BE STAFFED BY FEDERAL CAREER LAWYERS AND SHOULD BE INSULATED FROM POLITICAL INFLUENCE. DIRECTORS OF OTHER INVESTIGATIVE AGENCIES (E.G., FEDERAL BUREAU OF INVESTIGATION, BUREAU OF NARCOTICS) SHOULD BE SUBJECT TO SENATE CONFIRMATION. A MECHANISM FOR THE APPOINTMENT OF AN INDEPENDENT PROSECUTOR FOR GRAND JURY REVIEW SHOULD BE ESTABLISHED. GREATER LEGAL AND PUBLIC ACCOUNTABILITY AND RESPONSIBILITY SHOULD BE REQUIRED OF THE FBI AND OTHER INVESTIGATIVE AGENCIES. FINALLY, PRIVACY GUIDELINES AND SANCTIONS FOR VIOLATIONS SHOULD BE ESTABLISHED FOR THE RELEASE OF DEPARTMENTAL INFORMATION. NOTES ARE PROVIDED.