ADMINISTRATION OF JUSTICE

HEARINGS

BEFORE THE

SUBCOMMITTEE ON SEPARATION OF POWERS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-THIRD CONGRESS

ΤΟ INSURE THE

SECOND SESSION

ON

S. 2803

SEPARATION OF CONSTITUTIONAL POWERS BY ESTABLISHING THE DEPARTMENT OF JUSTICE 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 COMMITTED BY HIGH GOVERNMENT OFFICIALS

33-875

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

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1974

Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina,

chairman, Subcommittee on Separation of Powers, sponsor of S. 2803_--

Mathias, Hon. Charles McC., Jr., a U.S. Senator from the State of

Maryland, ranking minority member, Subcommittee on Separation of

Powers...

1

4

WITNESSES

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

Puerto Rico..

50

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 - -

166

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.

197

5

233

82

311

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

57

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 de B., former Attorney General of the United

States..

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

States..

69

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

General of the United States..

113

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.

176

37

226

214

15

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"-

Title 3, U.S.C., § 19.

Title 5, U.S.C., § 101, 5312–5316.

STATUTES

Title 28, U.S.C., § 501-510, 532, 541, 546, 561, 565.

STATEMENTS SUBMITTED FOR THE RECORD

The Association of the Bar of the City of New York, Committee on

Federal Legislation, "The Department of Justice as an Independent

Establishment".

Page

249

264

271

278

283

289

289

296

298

Bowman, Pasco M., dean, Wake Forest University School of Law, letter

of March 21, 1974__.

307

Center for Governmental Responsibility, "Memorandum on Establish-

ment of an Independent Justice Department".

307

Dixon, Hon. Robert G., Jr., Assistant Attorney General, Office of Legal

Council, Department of Justice, letter of April 12, 1974.

311

Dorsen, Norman, professor of law, New York University School of Law,

letter of April 29, 1974--

312

Fernos, Gonzalo, San Juan, Puerto Rico....

318

Huber, Richard G., dean, Boston College Law School, letter of Feb-

ruary 26, 1974_.

Fordham, Jefferson B., college of law, the University of Utah, letters of

March 22 and March 26, 1974__

320, 322

322

Mishkin, Paul J., professor of law, University of California, Berkeley,

letter of March 28, 1974..

323

Morgan, Hon. Robert, attorney general of North Carolina; president,

National Association of Attorneys General__

324

Pye, A. Kenneth, dean, school of law, Duke University, letter of Jan-

uary 30, 1974-

Morse, Prof. H. Newcomb, the school of law, Memphis State University..

Peterson, Bruce, professor of law, the University of Tulsa College of Law,

letter of March 2, 1974__.

325

326

326

Stanton, James V., a Representative in Congress from the 20th Congres-

sional District of Ohio.

331