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President's' Commission on 0 Crime Hearing

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President's' Commission on 0 Crime Hearing If you have issues viewing or accessing this file contact us at NCJRS.gov. • ~-I S. HRG. 98-914 PRESIDENT'S' COMMISSION ON 0 CRIME CONTENTS HEARING i) OPENING STATEMENTS OF COMMITTEE MEMBERS BEFORE THE Page Grassley, Senator Charles E. (acting chairman) ....................................................... 1 OOMMITTEE ON THE JUDIOIARY Laxalt, Senator Paul ...................................................................................................... 2 Thurmond, Senator Strom (chairman) ........................................................................ 3 UNITED STATES SENATE PROPOSED LEGISLATION Text of Senate Joint Resolution 233-A joint resolution to authorize the NINETY-EIGHTH CONGRESS President's Commission on Organized Crime to compel the attendance and testimony of witnesses and the production of information ................................. SECOND SESSION 4 PANEL OF WIT~SIfl W ~ ON lr~ ~ 't-Jj L "'" J:!k;.j) Kaufman, Hon. Irving R., Chairman, Pre~i<fenf'S Commission on Organized Crime; accompanied by James Harmon, Executive Director and Chief Coun- s. J. Res. 233 sel, and Rodney Smith, Deputy Executive Director ........... ~ .. (_ ............................ 11 A JOINT RESOLUTION TO AUTHORIZE THE PRESIDENT'S COMMISSION MATERIALS S~~~I'riEb 1:;;0~ ON ORGANIZED CRIME TO COMPEL THE ATTENDANCE AND TESTIMO­ NY OF WITNESSES AND THE PRODUCTION OF INFORMATION Responses to written questions submitted by Senator Charles McC. Mathias, 30 Re~~~~·~~~·t~··;~{tt~~·q·~~~ti~~~·~~b·~ittkii·i;~Mt8~J\:1'J~.~~~~::::::::::::: 34 Comparison of powers granted to selected national and State commissions ....... 39 MAY 9, 1984 ~ APPENDIX Letter to Chairman Strom Thurmond from Jerry S. Berman, chi.ef legislative Serial No. J-98-120 counsel, American Civil Liberties Union, dated May 11, 1984, suggesting changes in Senate Joint Resolution 233 ................................................................. Letter to Chairman Strom Thurmond from Robert A. McConnell, Assistant 59 Attorney General, dated May 17, 1984, expressing cooperation ,....................... ted for the use of the Committee on the Judiciary Executive Order 12435 of July 28, 1983-establishing the President's Commis- 63 sion on OrganIzed Crime ................................................................... "....................... Letter to Chairman Strom Thurmond on access to title III wiretap material 65 and proposed amendment .......................................................................................... Resolution of Commission on Organized Crime on access to title III wire- 66 tap information .................. ,................................................................................. 69 House Joint Resolution 548 as passed by the House ............... ,........................ 70 List and biography of Commi~sion members ............................ "........................ 74 Biographies of Commission staff members ......................................................... 76 Department of Justice letter \:0 Chairman Strom Thurmond dated May 8, 1984, concerning litigation authority to enforce Commission subpoenas .. Statement of Hon. William French Smith, Attorney General, before the 80 President's Commission on Organized Crime, Nov. 29, 1983 ...................... 82 Statement of William H. Webster, Director, FBI, before the President's Q Commission on Organized Crime, Nov. 29, 1983 ................ "......................... .. Statement of Francis M. Mullen, Jr., Administrator, Drug Enforcement 88 1 Administration, before the President's Commission on Organized Crime, Nov. 29, 1P6:J ............................................................................................ 99 (III> U.S. GOVERNMENT PRINTING OFFICE \ WASHINGTON : 1984 "' )IE ... CONTENTS OPENING STATEMENTS OF COMMITTEE MEMBERS Page Grassley, Senator Charles E. (acting chairman) ........................................................ 1 Laxalt, Senator Paul....................................................................................................... 2 Thurmond, Senator Strom (chairman)......................................................................... 3 PROPOSED LEGISLATION Text of Senate Joint Resolution 233-A joint resolution to authorize the President's Commission on Organized Crime to compel the attendance and testimony of witnesses and the production of information ....................... ........... 4 COMMITTEE ON THE JUDICIARY PANEL OF STROM THURMOND, South Carolina, Chairman l~lf'~~~:q, ~. Kaufman, Hon. Irving R., Chairman, Presi~ent s Commission on Organized CHARLES MeC. MATHIAS, JR., Maryland JOSEPH R. BIDEN, JR., Delaware Crime; accompanied by James Harmon, Executive Director and Chief Coun- PAUL LAXALT, Nevada EDWARD M. KENNEDY, Massachusetts sel, and Rodney Smith, Deputy Executive Director ........ :.. ,.,.(r;: ••••••••••••••••••••••••••••• 11 ORRIN G. HATCH, Utah ROBERT C. BYRD, West Virginia J MJ -'.' \'·0:) ROBERT DOLE, Kansas HOWARD M. METZENBAUM, Ohio MATERIALS S'tffiMI~Eb '-' " ALAN K. SIMPSON, Wyoming DENNIS DECONCINI, Arizona JOHN P. EAST, North Carolina PATRICK J. LEAHY, Vermont Responses to written questions submitted by Senator Charles McC. Mathias, CHARLES E. GRASSLEY, Iowa MAX BAUCUS, Montana Jr .~ .. y' ~ " .... " ~-..1J·~l~~ ~ 30 JEREMIAH DENTON, Alabama HOWELL HEFLIN, Alabama Resp~~;·~~~·t~·~~itt~~·q~~~ti~~~·~~b~~it~~·~~Mt8?.fJ~ltrita-K 'De~to~::::::::::::: 34 ARLEN SPEC'TER, Pennsylvania Comparison of powers granted to selected national and State commissions ....... 39 VINTON DEVANE LIDE, Chief Counsel and Staff Director DEBORAH K. OWEN, General Counsel ~ APPENDIX DEBORAIi G. BERNSTEIN, Chief Clerk MARK H. Gl'!'ENSTEIN, Minority Chief Counsel Letter to Chairman Strom Thurmond from Jerry S. Berman, chief legislative counsel, American Civil Liberties Union, dated May 11, 1984, suggesting changes in Senate Joint Resolution 233 ................................................................. 59 Letter to Chairman Strom Thurmond from Robert A. McConnell, Assistant Attorney General, dated May 17, 1984, expressing cooperation ........................ 63 ;1\-:;_ Executive Order 12435 of July 28, 1983-establishing the President's Commis- sion on Organized Crime ........................................................................................... 65 Letter to Chairman Strom Thurmond on access to title III wiretap material U.S. Department of Justice and proposed amendment .......................................................................................... 66 National Institute of Justice Resolution of Commission on Organized Crime on access to title III wire- tap information ................................................................................................... .. 69 This document has been reproduced exactly as received from the House Joint Resolution 548 as passed by the House ........................................ 70 person or organization originating it. Points of view or opinions stat~d List and biography of Commission members ..................................................... 74 in this document are those of the authors and do not necessarily Biographies of Commission staff members ........................................................ .. 76 represent the official position or policies of the National Institute of Department of Just.ice letter to Chairman Strom Thurmond dated May 8, Justice. 1984, concerning litigation authority to enforce Commission subpoenas .. 80 Statement of Hon. William French Smith, Attorney General, before the Permission to reproduce this.olil\O'yri~ted material has been President's Commission on Organized Crime, Nov. 29, 1983 ...................... 82 granted by Statement of William H. Webster, Director, FBI, before the President's Pub] jc Danajn Commission on Organized Crime, Nov. 29, 1983 .......................................... .. 88 Statement of Francis M. Mullen, Jr., Administrator, Drug Enforcement Un j ted States Senate Administration, before the President's Commission on Organized Crime, Nov. 29, 1983 ........................................................................................... 99 to the National Criminal Justice Reference Service (NCJRS). (III) Further reproduction outside of the NCJRS system requires permis­ sion of the ~t owner. \ ( b > ,. 1+ e PRESIDENT'S COMMISSION ON ORGANIZED CRIME-S.J. RES. 233 WEDNESDAY, MAY 9, 1984 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, D.C. The committee met, pursuant to notice, at 11:10 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Charles E. Grassley (acting chairman) presiding. Also present: Senators Laxalt, Thurmond,. and Biden. Staff present: Paul Summitt, special counsel, full committee; Lynda L. Nersesian, chief counsel and staff director, and Terry T. Campo, counsel, Senator Grassley's staff; John F. Nash, Jr., chief counsel and staff director, and Willliam S. Miller, Jr., general counsel, Senator Laxalt's staff. OPENING STATEMENT OF SENATOR CHARLES E. GRASSLEY Senator GRASSLEY. I would like to call this hearing to order. This morning we are going to hear from the distinguished chairman of the President's Organized Crime Commission. The Organized Crime Commission, of course, was created last yea!' by an Executive order of the President of the United States. And it was the stated purpose of the Commission to investigate the nature of organized crime as it exists today and examine where it is headed in the future, its sources of power, and as well, to recom­ mend ways to combat its
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