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U.S. Senator
Member: Finance, Agriculture, Energy, Ethics and Aging Committees |
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For Immediate
Release March 20, 2007 |
CONTACT: Cody Wertz – Comm.
Director |
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WASHINGTON, D.C. – United States Senator Ken Salazar today criticized Attorney General Alberto Gonzales’ leadership role at the Department of Justice in light of the recent situation concerning the firing of United States Attorneys. Senator Salazar also introduced a bill today that would fine or imprison anyone attempting to coerce, pressure, or attempt to influence a U.S. Attorney’s decision whether to commence the investigation or prosecution of a person based on that person’s race, religion, sex, national origin, political activities, or political beliefs. In his statement on the floor of the United States Senate Senator Salazar said, “I am disappointed that the Department of Justice may have blurred the line between representation of President Bush and representation of the people of the United States. I understand that distinction well – having served as both Chief Counsel to the Governor of Colorado and later as Attorney General. Those are two very different positions – one requires representation of an individual and his administration, the other requires representation of the people of the United States. If Attorney General Gonzales has indeed crossed this line, then he has forfeited his right to lead the Department of Justice.” Senator Salazar’s bill is titled, “The Furthering Independence of Federal Prosecutors Act,” and would make coercion a crime punishable by up to one year in jail or a fine of up to $50,000 or both. Salazar continued, “My bill would simply make it a crime to coerce, pressure, or attempt to influence a U.S. Attorney’s decision whether to commence the investigation or prosecution of a person based on that person’s race, religion, sex, national origin, political activities, or political beliefs. The U.S. Attorneys Manual already prohibits any federal prosecutor from taking action against a person for any of those reasons – but my bill would extend the prohibition to individuals who try to influence or manipulate federal prosecutors.” The full text of Senator Salazar’s floor speech as prepared today and his bill, “Furthering the Independence of Federal Prosecutors Act,” are available below: Floor Speech as Prepared: I am proud to have supported the Preserving United States Attorney Independence Act, which just passed the Senate. This bill will go a long way towards restoring the independence of federal prosecutors – an independence which has, unfortunately, been chipped away in recent years. I have been disappointed to watch the drama unfolding over the past few weeks regarding the politicization of our justice system. Every day, as the Judiciary Committee continues its investigation, we see more revelations of how the Department of Justice may have allowed portions of the United States Attorney corps to become a vehicle for political patronage. This, despite the fact that United States Attorneys are among the most powerful public officials in the country – making virtually unreviewable decisions about life and death, punishment and leniency, every single day. Those individuals must have integrity above reproach – and must be free from partisan interference. I am disappointed that the Department of Justice may have blurred the line between representation of President Bush and representation of the people of the Untied States. I understand that distinction well – having served as both Chief Counsel to the Governor of Colorado and later as Attorney General. Those are two very different positions – one requires representation of an individual and his administration, the other requires representation of the people of the United States. If Attorney General Gonzales has indeed crossed this line, then he has forfeited his right to lead the Department of Justice. In the meantime, the Senate has a responsibility to ensure that federal prosecutors are indeed independent of partisan politics – and the bill we passed today is a good first step. Later this week, I will introduce a bill which, I believe, will take us another important step towards restoring the independence of federal prosecutors. My bill would simply make it a crime to coerce, pressure, or attempt to influence a U.S. Attorney’s decision whether to commence the investigation or prosecution of a person based on that person’s race, religion, sex, national origin, political activities, or political beliefs. The U.S. Attorneys Manual already prohibits any federal prosecutor from taking action against a person for any of those reasons – but my bill would extend the prohibition to individuals who try to influence or manipulate federal prosecutors. Why is this bill necessary? Because over the past few weeks, we have seen evidence that the White House has politicized the appointment and termination of U.S. Attorneys. We have also had concerns raised that individuals have tried to inject politics into the administration of justice. I don’t need to rehash the particulars of this controversy right now, but suffice it to say that many Senators – on both sides of the aisle – are concerned that the independence of federal prosecutors has been threatened. Fixing the process for appointment of interim prosecutors is an important step. But that alone will not prevent individuals – whether from the Department of Justice or anywhere else – from attempting to influence the decision-making process of U.S. Attorneys. That is what my bill is designed to do. Mr. President, in 1938 the United States Supreme Court set forth the seminal language that should govern the conduct of United States Attorneys as follows: “"The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor-- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.” Those words should guide us as we attempt to restore impartiality and order to the administration of justice. I commend my colleagues for the important bill which passed today – and I look forward to working with them further on this issue in the days and months ahead. Furthering the Independence of Federal Prosecutors Act Section 1 Section 2 Section 3 # # #
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