In this testimony, I plan to discuss the principal flaws in the present statutory scheme and then to return to why, notwithstanding these defects, I believe that some Independent Counsel law is needed.
(1) The Inspector Javert Syndrome
The investigation of Attorney General Meese began with an allegation that Mr. Meese had, through a personal friend named E. Robert Wallach, provided illegal assistance while he was Counselor to the President to a business called the Wedtech Corporation. The written referral to Mr. McKay stated that he should investigate whether "the federal conflict of interest law, 18 U.S.C. §§ 201-211, or any other provision of federal criminal law" had been violated by Mr. Meese’s "relationship or dealings at any time from 1981 to the present" with the Wedtech Corporation, Mr. Nofziger, E. Robert Wallach, W. Franklyn Chinn, and/or Financial Management International, Inc.
Under this broad charter, Mr. McKay proceeded to a thorough investigation of the Wedtech allegations. His Final Report acknowledged that he not only tried to identify any official acts performed by Mr. Meese for Wedtech, but also "to conduct a full investigation of Mr. Meese’s financial affairs from 1981 through 1986." The Attorney General cooperated fully, and even came to the United States District Court to testify before the grand jury. Mr. McKay’s final report declared that "the investigation into Wedtech-related and Meese Partner matters was substantially complete by the end of November 1987."
This was six months after the investigation began, and it should have ended there. But Mr. McKay apparently believed it was his job to investigate not merely the particular allegation, but every possible allegation that might be made against Mr. Meese involving any of the other names in the referral. And, before concluding his task, he went beyond even that limitation to conduct a total investigation of Mr. and Mrs. Meese’s finances and other possible conflict-of-interest allegations.
Victor Hugo created an unforgettable character in Les Miserables – the inspector who hounds Jean Valjean all his life because he is convinced that the theft of a loaf of bread should not go unpunished. Some Independent Counsels have taken on the role of Inspector Javert and treat the government official who is the target of their initial authorization as a quarry who, they feel, should be hunted down. The ABA Sections on Criminal Justice and Litigation said in their recent report that the assignment of an Independent Counsel "too often appears to be investigating an individual rather than a crime."
Authorizing a government prosecutor to investigate an individual, rather than a crime, is plainly contrary to fundamental principles of American justice. There is probably no person alive – and surely no person who has accomplished enough in his or her lifetime to be considered for a Cabinet post or an equivalent top-level government appointment – who could not be faulted for some misstep in public or private life. We do not knowingly empower Inspectors Javert to find skeletons in the closets of public officials.
I believe that the Inspector Javert Syndrome can be cured and prevented by amended statutory provisions, and I propose language accomplishing that result in an Appendix to this Statement.
Gee... I guess this means Inspector Javert Syndrome doesn't mean going to sleep with a picture of Philip Quast under your pillow... Isn't it nice to know that Javvie plays a role in our current legal system? :P Good thing I wasn't in the courtroom; I would've started singing...
