NCJ Number
79412
Date Published
1975
Length
132 pages
Annotation
This report by a special committee of the American Bar Association studies the historical development of political pressures on the Department of Justice (DOJ), the FBI, and the Internal Revenue Service (IRS), as well as the office of special prosecutor and suggests ways to insulate these agencies from such influences.
Abstract
An introduction traces the committee's efforts to review Federal law enforcement agencies in the aftermath of the Watergate scandal, describes its research methods, and lists the membership. The discussion of the DOJ explores the historic relationship between the Attorney General and the President but opposes the creation of an independent department. The selection process for U.S. Attorneys is examined, along with factors that influence the allocation of law enforcement resources. Tactics to encourage accountability are detailed, such as through the office of inspector general, congressional oversight, and logs which reflect all activities concerning a criminal matter under investigation or in the judicial process. The role of a special prosecutor is considered, with particular attention to the Watergate scandal and legislative proposals to establish a permanent special prosecutor's office. After analyzing key issues relating to the special prosecutor, such as powers to appoint and remove, the committee recommends against establishing a permanent office. It endorses instead legislation authorizing the Attorney General and the courts to appoint a special prosecutor under defined circumstances. An historical overview of FBI activities demonstrates the legal and constitutional problems that accompany any examination of FBI investigative jurisdiction. An outline of methods to monitor the FBI covers appointment of its director, prerogatives of the White House, and release of investigative materials. Finally, the report addresses political pressures on the IRS from Congress and the White House which resulted in its investigations of extremist political groups and the formation of the Special Services Staff in the 1960's. Also discussed are White House access to IRS returns, White House and congressional pressures for IRS audits, and the need for responsible congressional oversight. A summary of the committee's findings and recommendations is provided, along with footnotes and over 30 references.