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1995-01-03
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Date: Thu, 15 Oct 1992 22:58:43 -0700
From: James I. Davis <jdav@WELL.SF.CA.US>
Subject: File 2--More on Inslaw -- Justice Dept response
From-- Nigel.Allen@lambada.oit.unc.edu
Subject-- U.S. Justice Department Statement on Inslaw Affair
To-- Multiple recipients of list ACTIV-L
Here is a press release from the U.S. Department of Justice.
Justice Department Releases Statement
To: National Desk
Contact: U.S. Department of Justice, Public Affairs, 202-514-2007
WASHINGTON, Oct. 13 -- The Department of Justice released today
the following statement:
Attorney General William P. Barr today told the House Committee on
the Judiciary that he will not seek the appointment of an Independent
Counsel as requested in a Sept. 10 letter from a majority of the
committee's Democratic members. His reasons for this decision were
set forth in a letter to the Committee. Under the Independent Counsel
statute, only the committee can make these materials public, and the
attorney general has asked that it do so.
The Sept. 10 letter requested the appointment of an independent
counsel to investigate allegations contained in a report adopted by
the committee's Democratic majority members entitled, "The Inslaw
Affair" (Report).
The independent counsel statute was designed to apply to certain
exceptional cases. Accordingly, the statute's specialized procedures
are triggered in two specifically defined circumstances -- one
mandatory and one discretionary.
The mandatory provision, 28 U.S.C. 591 (a), requires the attorney
general to apply the procedures of the statute if and when he receives
specific and credible information sufficient to warrant a criminal
investigation of a "covered person." Covered persons' are a small
group of the most senior officials in the Executive Branch who are
specifically listed in the statute.
The discretionary provision of the statute, 28 U.S.C. 591 (c),
authorizes, but does not require, the Attorney General to proceed
under the statute if: (1) he receives specific and credible
information sufficient to warrant a criminal investigation of someone
other than a "covered person"; and (2) he determines that an
investigation or prosecution of that person by the Attorney General or
other officer of the Department "may result in a personal, financial
or political conflict of interest."
The department has concluded that the report contains no specific
information that any "covered person" has committed a crime.
Regarding "non-covered" persons, long before the committee
completed its report, Attorney General Barr appointed retired U.S.
District Judge Nicholas J. Bua as special counsel to investigate all
matters related to INSLAW. Judge Bua has had an outstanding judicial
career which has spanned almost thirty years. He has served on the
county, circuit and appellate courts in Illinois, and in 1977,
President Carter appointed him to the U.S. District Court in Chicago.
Judge Bua has full authority to conduct a thorough and complete
investigation of all INSLAW allegations -- including the power to
issue subpoenas and to convene grand juries. He is conducting his
investigation in a fair and impartial manner. The attorney general's
instructions included from the outset of this investigation for Judge
Bua to notify him of any information implicating the independent
counsel statute. Judge Bua found no evidence to support invoking the
mandatory or discretionary provisions of the independent counsel
statute before the report was issued, or since reviewing the report.
After an exhaustive review of the allegations, in accordance with
the requirements of the statute, the Attorney General will not seek
the appointment of an Independent Counsel at this time. The
department invites the committee, Congress, or any other source, to
provide any new information that warrants invoking the independent
counsel statute.
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