Download Above the Law. Secret Deals, Political Fixes and Other by David Burnham PDF

By David Burnham

The U.S. division of Justice is an establishment of titanic succeed in and tool over the yankee humans, with little oversight into its inner operations. This e-book examines the ways in which legal professionals basic, FBI administrators, federal prosecutors and different Justice division officers have frequently abused their powers to accomplish political pursuits instead of pursuing justice. Its caution is still as correct within the electronic post-9/11 period of the extended nationwide safety nation because it was once within the days of J. Edgar Hoover.

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Additional info for Above the Law. Secret Deals, Political Fixes and Other Misadventures of the U.S. Department of...

Example text

For the first two decades, in fact, the attorneys general kept no records of their advisory opinions, partly because they served on a part-time basis without the help of a single assistant. The conflict became more acute in 1870, when, after many decades of debate, Congress approved a law creating the Justice Department, an agency within the executive branch. While the 1870 statute explicitly authorized the attorney general to supervise and control the new department and the already existing federal prosecutors and marshals who became a part of it, the 1789 provision, which obliged the attorney general to also serve as an officer of the court, was left unchanged.

When it comes to prosecuting criminals, the phrase “disposed of” suggests only one outcome: conviction. But in the lingo of the Justice Department, the phrase has many possible meanings. Of the eighteen environmental, consumer and safety matters processed during the test week, for example, six involved alleged criminal violations against employees. S. attorneys declined to prosecute a single one of them, thus totally ignoring the formal recommendations of the Mine Safety and Health Administration.

Thus, from the very beginning, the attorney general was an unusual hybrid with inherently conflicting loyalties. As an officer of the court, the goal was justice. As an adviser to the president, the goal was to advance the interests of the president. At first, this conflict was mostly theoretical, because the 1789 Judiciary Act did not give the attorney general any executive powers, not even the authority to supervise the thirteen federal prosecutors and the cases they were bringing in the different districts.

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