Chapter 6 Investigations and Oversight Nick Almond Josh Huizenga Whit Kern Edward “Ned” Massey...

Chapter 6Investigations and Oversight

Nick AlmondJosh Huizenga

Whit KernEdward “Ned” Massey

Carter “Peaches” MayberryEvan McGill

Jake Seaman

Legislative Oversight

• Legislative Oversight- is the power to review executive branch activities on an ongoing basis.

• The executive carries out the laws through a huge bureaucracy of multiple agencies and hundreds of public officials.

• The oversight power of congress can be focused on a wide array of programs and officials.

• Legislative oversight is a great example of how the system of checks and balances works.– Examples:

• Congress makes the laws • Executive branch carries out the laws • Executive branch interprets what the law means in a

practical sense • Congress can later check how the executive branch had

administered the law, and decide whether is met the law’s goals

• The 1946 legislative reorganization act- asked congress to exercise “continuous watchfulness” over executive agencies.

• Congress exercises oversight power by using legislative veto

Power to Investigate

• The performance and ethics of government officials and organizations are often under review

1972

• Congress launched its first true investigation of performance after the US Army was quickly defeated by the Native Americans.

High Profile Government Investigations

• The sinking of the Titanic (1912)

• Organized crime in the 1950’s

• Steroid use among baseball players

• Government investigations often lead to new laws or reform of government programs

The Investigation Process

• The government sets up investigative committees– These committees collect evidence and

schedule witnesses– 1998- Senate finance committee

investigation on IRS collection methods• Led to unanimous vote for IRS reform

• 2003 Congressional review of Abu Ghraib prison

Rights of Congressional Witnesses

• Committees are similar to courts

• Congressional Committees have the power to subpoena witnesses

• Committees can require witnesses to testify under oath

• Committees can hold witnesses in contempt

• In 1957, The Supreme Court ruled that Congress must respect a witness’ Constitutional rights just as the court does

• Witnesses can be granted immunity and then can be required to testify– In 1987, Colonel Oliver North was given

immunity to testify against members of the Reagan Administration

Investigation Process

• Schedule- Committee staffers often travel around the country to collect evidence and schedule witnesses.

• Schemes- One of the biggest investigations in recent years was Jack Abramoff, a lobbyist convicted of corrupting public officials. Others were convicted as a result of his schemes, including the deputy of a cabinet member and representative Bob Ney.

Subpoena- a legal order that requires a person to appear or produce requested documents. Congress frequently uses this power.

Perjury- lying under oath. Witnesses that do not tell the truth in court can be criminally prosecuted under this offense.

Contempt- Committees may also punish those who refuse to testify or otherwise not cooperate.

Immunity- freedom from prosecution for people whose testimony ties them to criminal acts.

• Legislative Veto- Congress put provisions into some laws that allowed it to review and cancel actions of the executive agencies carrying out those laws.