Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional Inquiry
Congressional 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.
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The Legal Basis for Oversight
The Tools of Oversight
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2d Cir 2d Sess Administration agency application Ashland Oil assertion attorney-client privilege cert claim of attorney-client claim of privilege client committee or subcommittee compelled confidential Cong congressional committee congressional investigations Congressional Oversight 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 enforcement exclusionary rule Executive Branch executive privilege Fifth Amendment Fourth Amendment functions Grand Jury Grand Jury Investigation hearing House General Counsel House or Senate House Rule XI immunized testimony Independent Counsel inherent contempt inquiry investigatory Iran-Contra issue judicial legislative litigation matter Office Oversight and Investigations Owens-Corning pending President presidential proceedings prosecutorial discretion protected provides questions refuse resolution scope Senate Committee Senate Legal Counsel Senate Rule XXVI separation of powers Servicemen's Fund statutory Supp supra Supreme Court testify trial U.S. Attorney waived waiver Watkins witness