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Y 4.J 89/2:
S.HRG.107-1016

FED-DO

S. HRG. 107-1016

OVERSIGHT OF THE DEPARTMENT
OF JUSTICE

HEARING

BEFORE THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

JULY 25, 2002

Serial No. J-107-96

Printed for the use of the Committee on the Judiciary

90-356 PDF

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 2003

DEPOSITOR

For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

.IAN 2 6 2004

STANFORD UNIVERSIT

JONSSON LIBRARY

COMMITTEE ON THE JUDICIARY

PATRICK J. LEAHY, Vermont, Chairman

EDWARD M. KENNEDY, Massachusetts
JOSEPH R. BIDEN, JR., Delaware
HERBERT KOHL, Wisconsin
DIANNE FEINSTEIN, California
RUSSELL D. FEINGOLD, Wisconsin
CHARLES E. SCHUMER, New York
RICHARD J. DURBIN, Illinois
MARIA CANTWELL, Washington
JOHN EDWARDS, North Carolina

ORRIN G. HATCH, Utah

STROM THURMOND, South Carolina
CHARLES E. GRASSLEY, Iowa
ARLEN SPECTER, Pennsylvania

JON KYL, Arizona

MIKE DEWINE, Ohio

JEFF SESSIONS, Alabama
SAM BROWNBACK, Kansas
MITCH MCCONNELL, Kentucky

BRUCE A. COHEN, Majority Chief Counsel and Staff Director
SHARON PROST, Minority Chief Counsel
MAKAN DELRAHIM, Minority Staff Director

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CONTENTS

276

4

284

Responses of Department of Justice to questions submitted by Senators
Leahy, Durbin, Feingold, Biden and Grassley, July 17, 2003

Responses of Department of Justice to questions submitted by Senators

Leahy, Biden, Grassley and Durbin, November 3, 2003

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OVERSIGHT OF THE DEPARTMENT OF

JUSTICE

THURSDAY, JULY 25, 2002

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The Committee met, Pursuant to notice, at 10:03 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Patrick J. Leahy, Chairman of the Committee, presiding.

Present: Senators Leahy, Kennedy, Kohl, Feingold, Schumer, Durbin, Cantwell, Edwards, Hatch, Grassley, Specter, Kyl, Sessions, and Brownback.

OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT

Chairman LEAHY. Senator Hatch is on his way, and I know we have votes scheduled on the floor. I will begin. Senator Hatch and I will give opening statements and we will keep those brief and we will then go to a brief statement from the Attorney General. Then we will have rounds of questions at 10 minutes each, using the early bird rule, after Senator Hatch and myself. Of course, the first two members here were Senator Grassley and Senator Durbin.

Attorney General, we welcome you to the committee. It is the first time this year; actually, the first time in more than 8 months. I would hope that we might go to a more frequent schedule because oversight hearings give us and the American people the opportunity to hear directly from you about the performance of the Department of Justice. Oversight is what makes things work better. Today, oversight is even more important than ever, not only as a check, but to check whether the actions being taken by the Federal law enforcement agencies under your direction are necessary, are warranted, and are going to deal most effectively with the domestic front of the ongoing war on terrorism.

Last fall when we worked together to enact the counter-terrorism bill, I said that with all its new authorizations for Government power, oversight of how the law is being used will be crucially important. This committee has worked hard to follow through on that belief and that pledge.

As you recall, the Republican Leader in the House of Representatives wanted to make sure that on some major parts of the legislation we had sunset provisions. I agree with him, but that requires us to do constant oversight to determine whether those sunset provisions will automatically take place or whether the laws will be

extended.

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