Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional InquiryCongressional investigations have a special role in the history and the life of our government. In addition to informing Congress, so as to best accomplish its task of developing legislation, monitoring the implementation of public policy, and of disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress' role in our constitutional scheme of cheques and balances. While they are only investigations, the high profile nature of many, including the failed St. Clair expedition of 1792 through Teapot Dome, Watergate, Iran-Contra and Whitewater has established in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in the government. This book thoroughly highlights the more common legal, procedural and practical issues, questions and problems that committees have faced in the course of an investigation. Problems of investigating the executive branch are detailed, with the focal point being the claim of the presidential executive privilege, and the problem of accessing information with respect to open or closed civil or criminal investigative matters. Various other issues are also touched and described. |
Contents
Introduction | 1 |
The Legal Basis for Oversight | 3 |
The Tools of Oversight | 7 |
Copyright | |
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Common terms and phrases
1st Sess 2d Cir 2d Sess 9th Cir Administration agency application Ashland Oil assertion attorney-client privilege cert claim of privilege client committee or subcommittee compelled confidentiality Cong congressional access congressional committee congressional investigations congressional subpoena constitutional Contempt of Congress contempt power contempt procedure Corp court held court of appeals criminal contempt D.C.Cir denied disclosure district court documents Eastland enforcement exclusionary rule executive privilege Fifth Amendment Fourth Amendment grand jury Grand Jury Investigation hearing House General Counsel House or Senate House Rule XI immunized testimony Independent Counsel inherent contempt investigatory Iran-Contra issue judicial Kastigar litigation matter Office Oversight and Investigations Owens-Corning party pending President presidential proceedings prosecutorial discretion protected provides questions refuse resolution scope Senate Committee Senate Legal Counsel Senate Rule XXVI separation of powers statutory Supp supra Supreme Court testify trial U.S. Attorney United States Servicemen's waived waiver Watkins witness