ABSTRACT

'All' Means 'All': The Justice Department's Failure to Comply with its Legal Obligation to Ensure the Inspector General Access to All Records Needed for Independent Oversight, Hearing Before the Full Committee on the Judiciary, United States Senate, One Hundred Fourteenth Congress, First Session, August 5, 2015   [open pdf - 3MB]

This is a testimony compilation of the August 5, 2015 hearing "'All' Means 'All': The Justice Department's Failure to Comply with its Legal Obligation to Ensure the Inspector General Access to All Records Needed for Independent Oversight" held before the Full Senate Committee on the Judiciary. From the opening statement of Chairman Chuck Grassley: "The IG [Inspector General] Act means what it says. The DOJ [Department of Justice] IG is legally entitled to access ALL Department records, period. If the Inspector General deems a document relevant to do his job, then the agency should turn it over immediately, without hesitation or review. According to the DOJ Inspector General, the Department did exactly that, prior to 2010. However, in 2010, the Federal Bureau of Investigation suddenly changed that practice, after the IG uncovered some embarrassing information about the FBI's misuse of exigent letters. The FBI claimed it had the right to refuse to provide the IG information in over a dozen categories, including information related to wiretaps, grand jury material, and consumer credit reports. The FBI claimed its attorneys would review material first and then have the Attorney General or the Deputy Attorney General decide what could be released to the Inspector General. Congress did not intend to create this sort of litigation-style standoff inside the Department. It is a waste of time and money for two divisions of the same government Department to be fighting over access to the Department's own records. The Department's current practice is exactly the opposite of what the law envisions. Under the law, an inspector general must be independent, because agencies cannot be trusted to investigate themselves. If IGs have to ask for permission from senior leadership, they would not be truly independent." Statements, letters, and materials submitted for the record include those of the following: Carolyn Clancy, Michael Valentino, Harold Kudler, Randall Williamson, and Jacqueline Maffucci.

Publisher:
Date:
2015-08-05
Copyright:
Public Domain
Retrieved From:
Senate Committee on the Judiciary: https://www.judiciary.senate.gov/
Format:
pdf
Media Type:
application/pdf
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