Statement of Philip B. Heymann Assistant Attorney General Criminal Division Department of Justice, before the Committee on the Judiciary United States Senate, April 23, 1980 (Excerpts): Declinations and the Prosecutor's Task

1994 ◽  
Vol 6 (6) ◽  
pp. 330-332 ◽  
1975 ◽  
Vol 34 (2) ◽  
pp. 253-281 ◽  
Author(s):  
Garth Nettheim

By mid-1973 the Watergate scandal was reaching towards the highest levels of the United States' Administration. Elliot Richardson was nominated as Attorney General with a particular mandate to sort out the affair. The Senate Judiciary Committee, in its hearings on Richardson's nomination, was vitally concerned to ensure that the Office of Watergate Special Prosecutor should have maximum effectiveness and independence. The formula eventually agreed upon was promulgated by the Attorney General as a regulation under powers vested in him by Statute to prescribe regulations for the Justice Department. On the question of independence, it provided:… The Special Prosecutor will carry out these responsibilities with the full support of the Department of Justice, until such time as, in his judgment, he has completed them or until a date mutually agreed upon between the Attorney General and himself. … The Special Prosecutor will not be removed from his duties except for extraordinary improprieties on his part.


2020 ◽  
Vol 114 (3) ◽  
pp. 511-518

On March 26, 2020, the U.S. Department of Justice (DOJ) announced the indictment of Venezuelan leader Nicolás Maduro, along with fourteen current and former regime officials, on charges mostly related to drug trafficking. Specifically, an indictment unsealed in the Southern District of New York charges Maduro with leading the Venezuelan narcotrafficking group Cártel de Los Soles and conspiring with the Revolutionary Armed Forces of Colombia—People's Army (FARC) guerilla group to “‘flood’ the United States with cocaine” and “us[e] cocaine as a weapon against America.” Although the United States, consistent with international law, normally treats sitting heads of state as immune from prosecution, U.S. Attorney General Barr indicated that Maduro did not qualify for head-of-state immunity because the United States does not recognize him as the president of Venezuela. Instead, the United States and fifty-seven other countries recognize Interim President Juan Guaidó. The indictment may mark a shift in the broader U.S. policy toward Venezuela, which had largely relied on targeted sanctions against key Maduro allies to encourage defection.


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