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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

COMMITTEE ON THE JUDICIARY

JAMES 0. 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 Staff 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, Assistant Counsel
CLAIR W. RODGERS, Jr., Minority Counsel
J. MICHAEL CARPENTER, Professional Staff Member

CONSTANCE L. BUTLER, Staf Assistant

BETTY L. DAVIS, Staff Assistant

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

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

(II)

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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.C., 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.

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

from the State of North Carolina, 93d Congress, 2d session---

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-

ator from the State of California, 93d Congress, 2d session..

RELATED LEGISLATION

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.

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.

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”.

STATUTES

Title 3, U.S.C., § 19.-

Title 5, U.S.C., § 101, 5312-5316-

Title 28, U.S.C., 8501-510, 532, 541, 546, 561, 565..

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