Download or read book Congressional Investigations written by Ernest Jacob Eberling and published by . This book was released on 1928 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigative Oversight written by Morton Rosenburg and published by Nova Biomedical Books. This book was released on 2003 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congressional investigations have a special role in the history and the life of our government. In addition to informing Congress, so as to best accomplish its task of developing legislation, monitoring the implementation of public policy, and of disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress' role in our constitutional scheme of cheques and balances. While they are only investigations, the high profile nature of many, including the failed St. Clair expedition of 1792 through Teapot Dome, Watergate, Iran-Contra and Whitewater has established in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in the government. This book thoroughly highlights the more common legal, procedural and practical issues, questions and problems that committees have faced in the course of an investigation. Problems of investigating the executive branch are detailed, with the focal point being the claim of the presidential executive privilege, and the problem of accessing information with respect to open or closed civil or criminal investigative matters. Various other issues are also touched and described.
Download or read book Congressional Investigations written by John C. Grabow and published by . This book was released on 1988 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congressional Access to Information in an Impeachment Investigation written by Todd Garvey and published by . This book was released on 2019-11-04 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee investigations in the House of Representatives can serve several objectives. Most often, an investigation seeks to gather information either to review past legislation or develop future legislation, or to enable a committee to conduct oversight of another branch of government. These inquiries may be called legislative investigations because their legal authority derives implicitly from the House's general legislative power. Much more rarely, a House committee may carry out an investigation to determine whether there are grounds to impeach a federal official-a form of inquiry known as an impeachment investigation. While the labels "legislative investigation" and "impeachment investigation" provide some context to the objective or purpose of a House inquiry, an investigation may not always fall neatly into one of these categories. This ambiguity has been a topic of interest to many during the various ongoing House committee investigations concerning President Trump. On September 24, 2019, Speaker Pelosi announced that these investigations constitute an "official impeachment inquiry." Although these committee investigations into allegations of presidential misconduct are proceeding, in the Speaker's words, under the "umbrella of [an] impeachment inquiry," most appear to blend lawmaking, oversight, and impeachment purposes. However an investigation is labeled, because the Constitution provides the House with the "sole Power of Impeachment," implementation of the impeachment power, including any ancillary investigative powers, would appear textually committed to the discretion of the House. Yet the House has not established a single, uniform approach to starting impeachment investigations. The process has instead evolved, generally tracking changes the House has made to its committee structure and the investigative authorities conferred to its committees. Although impeachment investigations have often been authorized by a House resolution, they have also been conducted without an explicit authorization. There are still other examples where the House provided express authorization only after a committee had engaged in a "preliminary" impeachment investigation. An impeachment investigation may be more likely-relative to a traditional legislative investigation-to obtain certain categories of information, especially from the executive branch. For example, it is possible that the significance of an exercise of the impeachment power, in conjunction with a resulting increase in political and public pressure, may itself affect the Executive's compliance decisions. But an impeachment investigation may also have legal impacts. If, in the face of a dispute with the executive branch over access to information, the House chose to seek judicial enforcement of an investigative demand, there appear to be at least three potential ways in which the impeachment power could, relative to a legislative investigation, provide the House with a stronger legal position. An impeachment investigation may (1) improve the likelihood of a court authorizing committee access to grand jury materials; (2) relieve any possible limitations imposed by the requirement that a committee act with a "legislative purpose"; and (3) improve the likelihood that a committee will be able to overcome privilege assertions such as executive privilege. In the past, executive noncompliance with an impeachment investigation has also prompted the investigating committee to recommend to the House an article of impeachment for contempt of Congress. That said, a congressional committee engaged in a legislative investigation could arguably obtain much of the same information as it would during an impeachment inquiry, as both legislative and impeachment investigations constitute an exercise of significant constitutional authority.
Download or read book Criminal Procedure written by Welsh S. White and published by . This book was released on 2004 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congressional Investigations written by Ernest Jacob Eberling and published by Hippocrene Books. This book was released on 1973-01-01 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigative Oversight written by Morton Rosenberg and published by . This book was released on 1995 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report will provide an overview of some of the more common legal, procedural and practical issues, questions, and problems that committees have faced in the course of an investigation. Following a summary of the case law developing the scope and limitations of the power of inquiry, the essential tools of investigative oversight--subpoenas, staff interviews and depositions, grants of immunity, and the contempt power -- are described. Next, some of the special problems of investigating the executive are detailed, with particular emphasis on claims of presidential executive privilege, the problems raised by attempts to access information with respect to open or closed civil or criminal investigative matters, or to obtain information that is part of the agency deliberative process, and the effect on congressional access of statutory prohibitions on public disclosure. The discussion then focuses on various procedural and legal requirements that accompany the preparation for, and conduct of, an investigative hearing, including matters concerning jurisdiction, particular rules and requirements for the conduct of such proceedings, and the nature, applicability and scope of certain constitutional and common law testimonial privileges that may be claimed by witnesses. The case law and practice respecting the rights of minority party members during the investigative process is also reviewed. The report concludes with a description of the roles played by the offices of House General Counsel and Senate Legal Counsel in such investigations.
Download or read book Constitutional Rights of the American Indian written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1964 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congressional Investigations a Study of the Origin and Development of the Power of Congress to Investigate and Punish for Contempt written by Ernest J. Eberling and published by . This book was released on 1928 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congressional Investigations and Oversight written by Lance Cole (Law teacher) and published by Carolina Academic Press LLC. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal and policy issues surrounding congressional investigations through a series of case studies, with an emphasis on the second half of the twentieth century to date. The new and updated second edition covers significant developments from the Obama and Trump administrations, including the two Trump impeachments, the January 6 Committee investigation of the 2021 insurrection at the U.S. Capitol, and recent Supreme Court decisions on congressional investigative powers. The book is organized by case study topic, with each chapter using two or three case studies to introduce and analyze a discrete area of legal authorities and policy issues. The central thesis and organizing principle of the book is the importance of effective congressional oversight and investigative activities in our American democratic system of government, especially in the aftermath of the disputed 2020 presidential election. In addition to collecting legal authorities, the book includes relevant historical information and structural analysis of government functions, with an emphasis on separation of powers issues. The use of a case study format, rather than a traditional law school casebook format, is intended to present the subject matter in a way that can be used to teach undergraduate and graduate school courses as well as law school courses. The authors combine original congressional and judicial source materials with book excerpts and explanatory text, as well as notes and questions for each case study, to make the subject matter accessible to graduate and upper-level undergraduate students in government and political science courses, as well as to law students.
Download or read book Congressional Investigations of the Department of Justice 1920 2012 written by Alissa M. Dolan and published by Createspace Independent Pub. This book was released on 2013-01-04 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislative oversight is most commonly conducted through congressional budget, authorization, appropriations, confirmation, and investigative processes, and, in rare instances, through impeachment. But the adversarial, often confrontational, and sometimes high profile nature of congressional investigations sets it apart from the more routine, accommodative facets of the oversight process experienced in authorization, appropriations, or confirmation exercises. While all aspects of legislative oversight share the common goals of informing Congress so as to best accomplish its tasks of developing legislation, monitoring the implementation of public policy, and disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress's role in our constitutional scheme of separated powers and checks and balances. The rich history of congressional investigations from the failed St. Clair expedition in 1792 through Teapot Dome, Watergate, Iran-Contra, Whitewater, and the current ongoing inquiries into Operation Fast and Furious, has established, in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in that constitutional scheme. A review of the historical experience pertinent to congressional access to information regarding the law enforcement activities of the Department of Justice indicates that the vast majority of requests for materials are resolved through political negotiation and accommodation, without the need for judicial resolution. Absent an executive privilege claim or a statute barring disclosure there appears to be no court precedent imposing a threshold burden on committees to demonstrate a “substantial reason to believe wrongdoing occurred” in order to obtain information. Instead, an inquiring committee need only show that the information sought is within the broad subject matter of its authorized jurisdiction, is in aid of a legitimate legislative function, and is pertinent to the area of concern. In the last 85 years, Congress has consistently sought and obtained access to information concerning prosecutorial misconduct by Department of Justice officials in closed cases; and access to pre-decisional deliberative prosecutorial memoranda—while often resisted by the Department—is usually released upon committee insistence as well. In contrast, the Department rarely releases—and committees rarely subpoena—material relevant to open criminal investigations. Typically, disputes are resolved without recourse to an executive privilege claim. Instead, negotiations produce various compromises: narrowing informational requests, delaying the release of information that could have prejudicial consequences on prosecutions, or redacting sensitive materials. However, when Presidents do claim executive privilege, courts have been reluctant to resolve the dispute. Indeed, litigation over the scope of executive privilege in direct relation to congressional oversight and investigations has been quite limited. In total, there have been four cases dealing with executive privilege in the context of information access disputes between Congress and the executive, and two of those resulted in decisions on the merits. The Supreme Court has never addressed executive privilege in the face of a congressional demand for information.
Download or read book FBI Oversight written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1978 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Rights and Federal Bail Procedures written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1965 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congressional Investigations of the Department of Justice and Claims of Executive Privilege written by Nathan De Vos and published by Nova Science Publishers. This book was released on 2013-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislative oversight is most commonly conducted through congressional budget, authorisation, appropriations, confirmation, and investigative processes, and, in rare instances, through impeachment. But the adversarial, often confrontational, and sometimes high profile nature of congressional investigations sets it apart from the more routine, accommodative facets of the oversight process experienced in authorisation, appropriations, or confirmation exercises. While all aspects of legislative oversight share the common goals of informing Congress so as to best accomplish its tasks of developing legislation, monitoring the implementation of public policy, and disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress's role in our constitutional scheme of separated powers and checks and balances. The rich history of congressional investigations from the failed St Clair expedition in 1792 through Teapot Dome, Watergate, Iran-Contra, Whitewater, and the current ongoing inquiries into Operation Fast and Furious, has established, in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in that constitutional scheme. This book reviews the legal basis for investigative oversight, followed by several prominent examples of congressional oversight that reflects the significant breadth and reach of the legislative investigative prerogative vis-á-vis the Department.
Download or read book Leaks During the Course of Criminal Investigations written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1989 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book FBI Oversight written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1975 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Procedure written by Welsh S. White and published by LexisNexis/Matthew Bender. This book was released on 2008 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt:
