Legal Issues

New Law Restricts Justice Department Prosecutors

A number of observers have charged that the massive budget bill just passed by Congress was so voluminous no one could know everything that was in it. Fresh proof has been provided by a little noticed amendment it contained that would force Justice Department lawyers to comply with laws in states where they work.

The provision, which appears on page H11075, was inserted by Rep. Joseph M. McDade (R-Pa.).

  • Experts say the law may make it harder for prosecutors to conduct wiretaps, since state laws differ on the requirements.

  • It also could make it more difficult to work with confidential informants because laws in some states limit prosecutors' contacts with people who are represented by lawyers.

  • McDade argued that the law will assure that "the agency charged with dispensing justice does so in an ethical fashion."

  • Congressional Republican leaders delayed implementation of the law for six months to give opponents time to repeal it, if necessary.

Justice Department officials have called the law a "ticking time bomb" which must be disarmed before it takes effect.

McDade contends federal prosecutors have ignored state laws since 1989, when then-Attorney General Richard Thornburgh issued a memorandum saying the department can exempt its lawyers from state rules of conduct.

Source: Bill Adair (St. Petersburg Times), "Amendment Buried in Budget May Tie Prosecutors' Hands," Washington Times, October 27, 1998.

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