Statement of Administration Policy: S. 3131 - Independent Counsel Reauthorization Act of 1992

(Senate)
(Levin (D) MI and 2 others)

If S. 3131 is presented to the President in its current form, his senior advisers will recommend a veto because:

—   Independent counsels appointed under the current Act are, for all practical purposes, completely unaccountable in their exercise of prosecutorial power. Unlike Department of Justice prosecutors, independent counsels are not bound by many of the traditional checks on the exercise of that important power.

—   Although the bill would address some particular abuses, independent counsels would still not be subject to certain basic financial and budgetary controls imposed on other governmental entities.

—   The reporting requirements in the current Act and the additional extrajudicial commentary they invite are inconsistent with the Department of Justice's guidelines for prosecutors, which generally prohibit release of information regarding investigations and prosecutions. These guidelines provide a very important protection to the reputation of innocent persons.

—   The independent counsel statute is unnecessary to ensure that alleged misconduct by high-ranking Executive branch officials is appropriately investigated and prosecuted. History demonstrates that the Department of Justice is fully capable of performing this function.

—   S. 3131 does not treat alleged wrongdoing by Members of Congress and their senior campaign officials in a manner parallel to alleged wrongdoing by senior Executive branch officers and campaign officials. The President stated on April 3, 1992, that he will veto any bill that continues to extends special treatment to Members of Congress.