CREW ASKS HOUSE ETHICS TO ADVISE MEMBERS ABOUT APPROPRIATE CONTACT WITH U.S. ATTORNEYS

9 Apr 2007 // Citizens for Responsibility and Ethics in Washington (CREW) asked the House Committee on Standards of Official Conduct to issue guidance to members of Congress and congressional staff about appropriate congressional contact with U.S. attorneys and other Department of Justice lawyers.

Two former U.S. attorneys, David Iglesias of New Mexico and John McKay of Washington, recently revealed that they were contacted by telephone by members of Congress about pending matters. In addition, at least one other U.S. attorney, Carol Lam of San Diego, was contacted by letter by a member of Congress. Rep. Darrell Issa (R-CA) sent a letter to Ms. Lam requesting information regarding the arrest and subsequent release of a man described by Rep. Issa as “an alien smuggler with a long criminal record.”

Although the Department of Justice has an Office of Legislative Affairs responsible for coordinating the Department’s responses to members of Congress, it is apparent that at least some members are bypassing the office and going straight to the U.S. attorneys instead. Former Bush administration Assistant Attorney General for Legislative Affairs Daniel J. Bryant told Congress that the prospect of congressional review of prosecutorial decisions “might force prosecutors to err on the side of investigation or prosecution simply to avoid public second-guessing. This would undermine public and judicial confidence in our law enforcement processes.”

To prevent members from taking such action in the future, CREW has asked to the House ethics committee to clarify the rules pertaining to contacting Department of Justice lawyers. According to CREW’s analysis, a House member who contacts a U.S. attorney may violate chapter 7 of the House ethics manual, which prohibits members from contacting executive or agency officials regarding the merits of matters under their formal consideration.

Contacting a prosecutor may also violate the requirement that members conduct themselves in a manner that “reflects creditably on the House.” The ethics committee previously has held that members are prohibited from asking an executive branch employee to engage in an activity having an impermissible political purpose.