Legislation (HR-2240) offered in the House would expand the authority of the IG’s office at the Justice Department to include investigations into alleged misconduct by departmental attorneys acting in their official capacity.
While the IG has jurisdiction to review alleged misconduct by non-lawyers in the department, it does not have the same jurisdiction over alleged misconduct committed by attorneys when they are litigating, investigating, or providing legal advice. This role is reserved for the department’s Office of Professional Responsibility, which was established first.
A summary says that over 2002-2013, “OPR documented more than 650 infractions, including allegations that federal attorneys intentionally misled courts and alleged abuses of the grand jury or indictment process. In the majority of the matters—more than 400—OPR categorized the violations as being at the more severe end of the scale: recklessness or intentional misconduct, as distinct from error or poor judgment.”
It said, however, that the department does not make public the names and that as a result, the department, its lawyers, and OPR itself are insulated from meaningful public scrutiny and accountability. The independence and transparency of IG investigations would “bring the necessary level of accountability to DoJ’s operations and restore public faith in the department’s actions.”
