Testifying Before Congress

Testifying Before Congress
Author: William N. LaForge
Publisher:
Total Pages: 0
Release: 2010
Genre: Business & Economics
ISBN: 9781587331725

"A practical guide to preparing and delivering testimony before Congress and Congressional hearings for agencies, associations, corporations, military, NGOs, and state and local officials."

The Senate Code of Official Conduct

The Senate Code of Official Conduct
Author: United States. Congress. Senate. Select Committee on Ethics
Publisher:
Total Pages: 58
Release: 1995
Genre: Law
ISBN:

Distributed to some depository libraries in microfiche.

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight
Author: Congressional Research Service
Publisher: Independently Published
Total Pages: 54
Release: 2019-01-21
Genre: Law
ISBN: 9781794510456

Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.

Insecure Majorities

Insecure Majorities
Author: Frances E. Lee
Publisher: University of Chicago Press
Total Pages: 277
Release: 2016-08-23
Genre: Political Science
ISBN: 022640918X

“[A] tour de force. Building upon her argument in Beyond Ideology, she adds an important wrinkle into the current divide between the parties in Congress.” —Perspectives on Politics As Democrats and Republicans continue to vie for political advantage, Congress remains paralyzed by partisan conflict. That the last two decades have seen some of the least productive Congresses in recent history is usually explained by the growing ideological gulf between the parties, but this explanation misses another fundamental factor influencing the dynamic. In contrast to politics through most of the twentieth century, the contemporary Democratic and Republican parties compete for control of Congress at relative parity, and this has dramatically changed the parties’ incentives and strategies in ways that have driven the contentious partisanship characteristic of contemporary American politics. With Insecure Majorities, Frances E. Lee offers a controversial new perspective on the rise of congressional party conflict, showing how the shift in competitive circumstances has had a profound impact on how Democrats and Republicans interact. Beginning in the 1980s, most elections since have offered the prospect of a change of party control. Lee shows, through an impressive range of interviews and analysis, how competition for control of the government drives members of both parties to participate in actions that promote their own party’s image and undercut that of the opposition, including the perpetual hunt for issues that can score political points by putting the opposing party on the wrong side of public opinion. More often than not, this strategy stands in the way of productive bipartisan cooperation—and it is also unlikely to change as long as control of the government remains within reach for both parties.