Durbin, Lee Lead Reintroduction Of Bipartisan Legislation Bolstering Accountability For Alleged Justice Department Attorney Misconduct
The Inspector General Access Act would expand the jurisdiction of the Justice Department’s Office of the Inspector General to include alleged DOJ attorney misconduct
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Mike Lee (R-UT) re-introduced bipartisan legislation to expand the jurisdiction of the Department of Justice’s (DOJ) Office of the Inspector General to include alleged DOJ attorney misconduct.
Currently, the DOJ Inspector General (IG) has no authority to investigate professional misconduct by DOJ lawyers. DOJ is the only agency whose IG has such a jurisdictional carve-out. The Inspector General Access Act would simply strike this loophole, which leads to an unfair double standard where every DOJ employee—including FBI and DEA agents, U.S. Marshals, and federal prison guards—can be investigated by the DOJ IG except DOJ lawyers.
“The American people deserve top-notch attorneys representing them at the Justice Department, and Justice Department prosecutors should be subject to independent oversight regardless of the Attorney General. Allegations of professional misconduct should be investigated by the Inspector General, or else we could end up with another instance like the Jeffrey Epstein sweetheart deal struck by then-U.S. Attorney Alex Acosta. This is a simple, bipartisan fix for a clear loophole in federal law, and I thank Senator Lee for joining me in this effort,” said Durbin.
“The current IG oversight exemption for attorneys is a nonsensical carve out. Our simple bill changes that, ensuring DOJ attorneys are held to the same standard as other federal agencies. I'm proud to partner again with Senator Durbin on this common-sense bipartisan effort,” said Lee.
The Inspector General Access Act solves the problem that has long prevented independent oversight of DOJ prosecutors by simply striking the jurisdictional carve out in Section 413 of Title 5, United States Code. As a result, DOJ’s Inspector General would be fully empowered to investigate allegations of misconduct against Department lawyers. In addition to enhancing oversight and public accountability at DOJ, this simple, common sense reform will bring DOJ in line with the practices in other federal agencies where allegations of attorney professional misconduct are already subject to investigation by Inspectors General.
Along with Durbin and Lee, the bill is cosponsored by Senators Chuck Grassley (R-IA), Amy Klobuchar (D-MN), Ted Cruz (R-TX), Chris Coons (D-DE), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Jon Ossoff (D-GA), and Peter Welch (D-VT).
The legislation is endorsed by American Governance Institute, Center for Gender and Refugee Studies, Citizens for Responsibility and Ethics in Washington, Due Process Institute, Fix the Court, Government Accountability Project, National Security Counselors, National Taxpayers Union, Project On Government Oversight, Protect Democracy, Public Citizen, Right on Crime, and. Workers Circle.
“Nonpartisan inspectors general play a key role in combating corruption, waste, and abuse across the federal government, and help ensure Americans' tax dollars are used efficiently for the public's benefit. The bipartisan Inspector General Access Act (IGAA) would further this goal by allowing the Justice Department Inspector General to investigate alleged misconduct involving department attorneys in order to ensure integrity and prevent corruption among these federal employees who exercise immense power in the provision of legal advice and the enforcement of federal law. CREW is proud to endorse the IGAA and urges the Senate to pass this legislation without delay,” said Debra Perlin, Vice President for Policy at Citizens for Responsibility and Ethics in Washington (CREW).
For a PDF of the legislation, click here.
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