Working Families

Call for a Special Counsel to Investigate Reynolds and Hastert

The Department of Justice should immediately appoint an outside special counsel not subject to dismissal by any political appointee or elected official with the independence to investigate and prosecute any and all criminal acts, or conspiracy to commit criminal acts, committed by any member of the U.S. House of Representatives relating to the apparent cover-up of the Mark Foley affair.

February 09, 2010

Subject:

Dear AG Gonzales:

cc: local members of Congress

The $100,000 contribution from Mark Foley to the National Republican Congressional Committee on July 27, 2006, has every appearance of "hush money" accepted by the political committee controlled by Rep. Thomas Reynolds (R-NY).

The Appointment of an Outside Special Counsel Is Plainly Warranted. The Justice Department's own regulations require the appointment of an outside special counsel when a three-prong test is met. 28 C.F.R. part 600.1.

First, a "criminal investigation of a person or matter [must be] warranted."

Second, the "investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department."

And, third, "under the circumstances it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter."

If this three-prong test is met, under the federal regulations that govern the Justice Department, a special counsel must be selected from outside the government who has the authority to secure necessary resources for investigation and prosecution and who would have full investigatory and prosecutorial powers. 28 C.F.R. parts 600.3-600.6.

In this case, the most senior members of Congress have acknowledged the need for a criminal investigation. Because the political nature of the affair has put control of the House of Representatives at risk, a Justice Department under the direction of President Bush faces a deep conflict. And the potential stain of these allegations on a branch of Congress elevates the public interest to a level mandating appointment of a Special Counsel.

I trust you will review the facts and allegations and take the only appropriate action: appointment of an outside special counsel to conduct a thorough and independent criminal investigation.

Sincerely,

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Call for a Special Counsel to Investigate Reynolds and Hastert

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