U.S. Senators Dick Durbin (D-IL) and Mike Lee (R-UT) have reintroduced bipartisan legislation aimed at expanding the jurisdiction of the Department of Justice’s Office of the Inspector General (OIG) to include alleged misconduct by DOJ attorneys.
Currently, the DOJ Inspector General does not have authority to investigate professional misconduct by DOJ lawyers. This makes DOJ unique among federal agencies, as its IG cannot oversee its own attorneys while having authority over other employees such as FBI and DEA agents, U.S. Marshals, and federal prison guards.
The proposed legislation, known as the Inspector General Access Act, seeks to remove this exception in Section 413 of Title 5, United States Code. If enacted, it would allow the DOJ Inspector General to investigate allegations against department lawyers in the same way Inspectors General can at other federal agencies.
Senator Durbin said, “The American people deserve top-notch attorneys representing them at the Justice Department, and Justice Department prosecutors should be subject to independent oversight regardless of the Attorney General. Allegations of professional misconduct should be investigated by the Inspector General, or else we could end up with another instance like the Jeffrey Epstein sweetheart deal struck by then-U.S. Attorney Alex Acosta. This is a simple, bipartisan fix for a clear loophole in federal law, and I thank Senator Lee for joining me in this effort.”
Senator Lee added, “The current IG oversight exemption for attorneys is a nonsensical carve out. Our simple bill changes that, ensuring DOJ attorneys are held to the same standard as other federal agencies. I'm proud to partner again with Senator Durbin on this common-sense bipartisan effort.”
The bill has received support from both parties in the Senate and is cosponsored by Senators Chuck Grassley (R-IA), Amy Klobuchar (D-MN), Ted Cruz (R-TX), Chris Coons (D-DE), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Jon Ossoff (D-GA), and Peter Welch (D-VT).
It has also been endorsed by organizations including American Governance Institute, Center for Gender and Refugee Studies, Citizens for Responsibility and Ethics in Washington (CREW), Due Process Institute, Fix the Court, Government Accountability Project, National Security Counselors, National Taxpayers Union, Project On Government Oversight, Protect Democracy, Public Citizen, Right on Crime, and Workers Circle.
Debra Perlin of CREW stated: “Nonpartisan inspectors general play a key role in combating corruption, waste, and abuse across the federal government, and help ensure Americans' tax dollars are used efficiently for the public's benefit. The bipartisan Inspector General Access Act (IGAA) would further this goal by allowing the Justice Department Inspector General to investigate alleged misconduct involving department attorneys in order to ensure integrity and prevent corruption among these federal employees who exercise immense power in the provision of legal advice and the enforcement of federal law. CREW is proud to endorse the IGAA and urges the Senate to pass this legislation without delay.”
