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Special Prosecutor (1)” of the Philip Buchen Files at the Gerald R The original documents are located in Box 61, folder “Special Prosecutor (1)” of the Philip Buchen Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 61 of the Philip Buchen Files at the Gerald R. Ford Presidential Library Chapter I-Department of Justice § 0.38 § 0.31 Designating officials to perform torney General. The duties and respon­ the functions of the Director. sibilities of the Special Prosecutor are set <a> In case of a vacancy in the Office forth in the attached appendix below of the Director of the Community Re­ which is incorporated and made a part lations Service, the Deputy Director of hereof. the Service shall perform the functions [Order 551-73, 38 FR 30738, Nov. 7, 1973] and duties of the Director. § 0.38 Specific functions. (b) The Director is authorized, in case of absence from his office or in case of The Special Prosecutor is assigned and his inability or disqualification to act, delegated the following specific func­ to designate the Deputy Director to act tions with respect to matters specified in in his stead. In unusual circumstances, this subpart: or in the absence of the Deputy Director, (a) Pursuant to 28 U.S.C. 515(a), to a person other than the Deputy Director conduct any kind of legal proceeding, civil or criminal, Lricluding grand jury may be so designated by the Director. proceedings, which United States attor­ § 0.32 Applicubility of existing depart­ neys are authorized by law to conduct, mental regulations. and to designate attorneys to conduct Departmental regulations which are such legal proceedings. generally applicable to units or personnel Cb> To approve or disapprove the pro­ of the Department of Justice shall be duction or disclosure of information or applicable with respect t.o the Commu­ files relating to matters within his cog­ nity Relations Service and to the Direc­ nizance in response to a subpoena, order, tor and personnel thereof, except to the or other demand of a court or other au­ extent, if any, that such regulations may thority. (See Part 16(B) of this chapter.) be inconsistent with the intent and pur­ <c> To apply for and to exercise the poses of section 1003<b> of the Civil authority vested in the Attorney General Rights Act of 1964. under 18 U.S.C. 6005 relating to immu­ nity of witnesses in Congressional pro­ Subpart G-Office of the Pardon ceedings. Attorney APPENDIX-DUTIES AND RESPONSIBILITIES OF CROSS REFERENCE; For regulations perta1n- THE SPECIAL PROSECUTOR 1ng to the omce of Pardon Attorney, see Part The Special Prosecutor. There ls appointed 1 of this chapter. by the Attorney General, within the Depart­ § 0.35 Applications for clemency. ment of Justice, a Special Prosecutor to whom the Attorney General shall delegate the au­ Subject to the general supervision of thorities and provide the staff and other re­ the Attorney General, and under the di­ sources described below. rection of the Deputy Attorney General, The Special Prosecutor shall have full au­ the Pardon Attorney shall have charge thority for investigating and prosecuting of­ fenses against the United States arising out of the receipt, investigation, and disposi­ of the unauthorized entry into Democratic tion of applications to the President for National Committee Headquarters at the pardon and other forms of Executive Watergate, all offenses arising out of the clemency, and shall perform any other 1972 Presidential Election for which the duties assigned by the Attorney General Special Prosecutor deems it necessary and or the Deputy Attorney General. appropriate to assume responslbllity, allega· [Order No. 543-73, 38 FR 29584, Oct. 26, 1973] tions involving the President, members of· the White House staff, or Presidential ap­ § 0.36 Recommendations. pointees, and any other matters which he The Pardon Attorney shall submit all consents to have assigned to him by the all recommendations in clemency cases Attorney General. to the Attorney General through the In particular, the Special Prosecutor shall Deputy Attorney General. have full authority with respect to the above matters for: [Order No. 543-73, 38 FR 29584, Oct. 26, 1973] Conducting proceedings before grand juries Subpart G-1-0ffice of Watergate Special and any other investigations he deems Prosecution Force necessary; Reviewing all documentary evidence avail-, II§ 0.37 General fun~tions. able from any source, as to which he shall r The Office of Watergate Special Pros­ have full access; ecution Force shall be under the direc­ Determining whether or not to contest the tion of a Director who shall be the assertion of "Executive Privllege" or any Special Prosecutor appointed by the At- other testimonial privilege; 11 §0.40 Title 28-Judicial Administration Determining whether or not application the Department o:f Justice, including United should be made to any Federal court :for a States Attorneys, shall oooperate to the full­ surveys of grant of immunity to any witness, con­ est extent possible with the Special Prose­ trust laws, sistently with applicable statutory require­ cutor. ceedings, d ments, or for warrants, subpoenas, or other 2. Budget. The Special Prosecutor will be present evi' court orders; provided with such funds and fa.clllties to a.nee and e Deciding whether or not to prosecute any carry out his responsibilities as he may rea­ gative demr individual, firm, corporation or group of sonably require. He shall have the right to orders and indlvidua.Is; submit budget requests for funds, positions, recover for1 Initiating and conducting prosecutions, and other assistance, and such requests shall framing indictments, filing informations, and receive the highest priority. juries susta.i handling all aspects of any cases within his 3. Designation and responsibility. The per­ a result of i; Jurisdiction (whether initiated before or sonnel acting as the stair and assistants of ceedings to E a.fter his assumption of duties), including the Special Prosecutor shall be known as the judgments 1: any appeals; Watergate Special Prosecution Force and tiation of co coordinating and <lirectlng the activities sha.11 be responsible only to the Special tions; crimil of all Department of Justice personnel, in­ Prosecutor. ties includin cluding United. States Attorneys; Continued responsibmties of Assistant At­ of penalties Dealing With and appearing before Con­ torney General, Criminal Division. Except for gressional committees having jurisdiction the specl.tl.c investigative and prosecutortal the Federal over any aspect of the above matters and duties assigned to the Special Prosecutor, the antitru detennl.ning wh:a.t documents, 1nfonnat1on, the Assistant Attorney General 1n charge of amicus curh and assistance shall be provided to such com­ the Criminal Division will continue to exer­ ga.tlon; and mittees. cise all of the duties currently assigned to appeals in a. In exercising this authority, the Special him. (b) Interv Prosecutor will have the greatest degree of Applicable departmental policies. Except as fore ad.minis independence that ls consistent with the At­ otherwise herein speclfted or as mutually wholly or torney Genera.l's statutory accountability :for agreed between the Special Prosecutor and all matters falling within the jurisdiction the Attorney General, the Watergate Special statutes in of the Department of Justice. The Attorney Prosecution Force will be subject to the ad­ which requt General will not countermand or Interfere mlnlstri:>tlve regulations a.nd policies o! the tween the pu with the Special Prosecutor's decisions or Department of Justice. and the Pur: actions. The Special Prosecutor Will deter­ Public reports, The Special Prosecutor may eluding such mine whether and to what extent he will In­ from time to time make public such state­ Trade Comi form or consult with the Attorney Genera.I ments or reports as he dee.ms appropriate Board, Inter about the conduct o:f his duties and respon­ and shall upon completion of his assign­ sion, Civil .A sibilities. In accordance wi~h assurances ment submit a final report to the appropri­ given by the President to the Attorney Gen­ ate persons or entitles of the Congress. Com.municati eral tha.t the President will not exercise his Duration of assignment. The Special Prose­ Maritime Cc Constltutlona.l powers to effect the discharge cutor will carry out these responsibllities, Commission, ot the Special Prosecutor or to limit the inde­ with the !ull support al. the Department of Commission E pendence that be 1s hereby given, ( l) the Justice, until such time as, in his judgment, to any agenc: Special Prosecutor will not be removed from he has completed them or until a date mu­ incident to J bis duties except for extra.ordinary Impro­ tually a.greed upon between the Attorney under the sup prieties on his part and without the Presi­ Genera.I and himself. dent's first consulting the MaJortty and the in this Depart {Order 551-73, 38 FR 30738, Nov. 7. 1973, as (c) Develo1 Minority Leaders and Chairmen and ranking amended by Order 554-73, 38 FR 32805, Minority Members of the Judiciary Commit­ Nov. 28, 1973) ment, receivt tees of the Senate and House of Representa­ ing records, a; tives and ascertaining that their consensus ls Subpart ff-Antitrust Division Attorney Gen in accord with his proposed action, and (2) quired by Ex1 the jurisdiction of the Special Prosecutor wlll § 0.40 General functions.
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