JUS 522 GCU Congressional Oversight and the Department of Ethics Paper

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JUS 522

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Grand Canyon University

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JUS

Description

Congress has the responsibility to oversee federal agencies. One of those agencies is the U.S. Department of Justice. Let us pretend that the leadership of the Federal Department of Justice has possibly engaged in inappropriate communications with a foreign power in violation of departmental policy; they are accused of meeting with foreign ambassadors without having proper authorization. In answering the following questions, explain how Congress assesses the level of compliance.

Research the original purpose regarding the creation of the Department of Justice, to assist in your understanding of this topic.

Write an essay of 1,250-1,500 words that discusses the following:

Part I: Congress and the Executive branch

What powers does Congress have over agencies in the executive branch? Where can one find these authorized powers?
If Congress feels that an executive branch federal agency has failed to comply with policies, procedures, and standards, what can they do about this situation?

Part II: Simulation: Ethics in the DOJ

Read through the “Ethics Handbook for On and Off Duty Conduct” from the DOJ and the DOJ Ethics Scenario, located in the Topic Materials. As an employee of the DOJ are you able to accept any gifts or compensation for any services rendered to various individuals or groups? Explain.
Why do you think the DOJ has implemented such policies? Are those policies in keeping with the policies, procedures, and standards that were authorized by the enabling legislation of Congress? Explain. (comp. 3.2)
Do you think it is a good idea to attempt to keep activities of public servants from even the appearance of impropriety (see “General Principles of Ethical Conduct”, number 14)? Explain.
Would participating in trainings with other law enforcement organizations be in keeping with the original purpose of the FBI? Explain.

Utilize four to six relevant, scholarly sources in support of your content.

Prepare this assignment according to the guidelines found in the APA Style Guide. This guide is located in the Student Success Center. An abstract is not required.

Benchmark Information

This benchmark assignment assesses the following programmatic competencies and professional standards:

MS in Criminal Justice with an Emphasis in Law Enforcement

MS in Criminal Justice with an Emphasis in Legal Studies

3.2: Assess the level of compliance an agency has to various policies, procedures, or accreditation standards.

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Running Head: Congressional Oversight and Department of Ethics 1 Congressional Oversight and the Department of Ethics Rodi Al Qeseshaq Grand Canyon University 27th September 2020 2 Congressional Oversight and Department of Ethics Introduction The Judiciary Act of 1789 established the Attorney General’s office part-time position which required one person who had pursued law. His responsibilities were to conduct and prosecute all Supreme Court cases where the United States was concerned and also provide appropriate advice and suggestions regarding any law questions required by the President or Head of departments if the issues concerned the department. However, there was work overload that necessitated the recruitment of several assistants for the Attorney General. Private attorneys were retained as the workload increased due to the increment of the size of the nation. Due to the civil war that ended in 1870, the number of lawsuits had risen and led to the Retention of the expensive private attorneys. The congress was concerned and managed to pass a law that established the Justice Department. The Department of Justice officially came to be on July 1, 1870, intending to handle civil suits and criminal prosecutions. Moreover, the 1870 Act established the Solicitor General’s office to assist the Attorney General. Powers of the Congress Congress has powers to enhance the nations’ economy and to ensure that the government operations run effectively by evaluating the performances and programs. It ensures that there is protection of constitutional rights and civil liberties by preventing and detecting non-performing administrations, erratic behavior, abuse, and conducts that are unconstitutional. Congress also ensures that the general public is informed of the executive policies that have the interest of the public by preventing executive infringement. Also, it has powers over the executive directors. Congress has implied oversight to exercise power over the agencies. It can exercise the oversight through the support of audit agencies, and federal agencies. They conduct the process of 3 Congressional Oversight and Department of Ethics investigation where the congress can disclose documents in a court of law and failure to comply and provide false information to congress may lead to criminal liability. Congress has the power to impeach or remove the president, the vice president, or federal civil officers if they are accused of bribery or treason. They also have the power to confirm high-ranked executive positions especially positions that are pursuant to the United States Law. The congress also gives recommendations to agencies on non-statutory controls and the funds they are supposed to receive. Moreover, the congress has the power to control the budget process and give priorities to financial claims and ensure that the most important programs are given priority first. The powers of the congress can be found in Article I of the United States constitution and include the explicit powers that are seen in section 8. More of the congress powers are provided in other articles and also by the constitutional amendments (Galbraith, 2013). Non-Compliance of the Executive Branch The punishment for not following a subpoena by the congress results in a penalty that is a jail term of not less than one month and more than 12 months. An individual can also be given a fine of $100 or less or not more than $ 100,000.The individual held at contempt is arrested by the Seargent of arms for senate or house and held to ensure they answer to the charges against them. The process of answering to charges is done by the presiding officer and later the individual is punished by the chamber as they may dictate. A case between Jurney v Maccracken is a good example where Maccracken filed for a habeas corpus petition to nullify his arrest. However, the hearing of the court in the Supreme Court was ruled that the congress had constitutionally acted. The Maccracken case was denied the petition. Disrespect to the congress is statutorily defined in 2 U.S.C.A § 192 (West, 2018). 4 Congressional Oversight and Department of Ethics Acceptance of gifts An employee of the department of justice should not accept gifts offered to them to protect his official position. He is not supposed to accept gifts from people who are seeking official assistance with the department of justice. It is also not ethically right to accept gifts from an individual who is regulated by the department and had interests in the office that may affect the employee’s performance. However, gifts may not include items such as pensions, contracts, or secured allocations provided by the government, items such as non-alcoholic drinks or food, prizes, and discounts that are available in the public, and commercial loans. An employee in the department of justice is not supposed to receive gifts which are as payment to the services exchanged. An employee’s position should not be used to coerce the receiving of gifts which may lead to the employee being perceived as a person who works in the office to fulfill their personal gains. Accepting the gifts also act as a way of violating the statutes which include the executive orders and the agency regulations. An employee who has received a gift which does not meet the provided considerations should talk to the deputy DAEO and be advised on how to dispose the gift or if they are perishable good one can donate them to charity to share them with colleagues in the office following an approval by the DAEO. The Department of justice in the United States has also given a general ban on the acceptance of gifts from foreign governments. However, the government allows acceptance of gifts from the foreign government that does not exceed a value of $390. Employees are also not supposed to receive gifts from departments. The attorney general or the deputy attorneys general are the only once authorized to receive gifts for the departments (Sten and Lars, 2013). 5 Congressional Oversight and Department of Ethics Why the Department of Justice Implemented the Polices The objective of the Department of Justice is to ensure that the law is enforced and that the interests of the United States are defended as per the law. They also must ensure that there is a provision of public safety and protection against domestic and foreign threats. The department also provides federal leadership that prevents and controls crime and assists in seeking justice for offenders of the law and ensures there is justice and equity. With this in mind, the policies are implemented to remind employees of the department of justice that they are supposed to act in a way that does not discredit the agency or themselves. Employees in the department of justice should have a conduct that is exemplary whether on duty or off duty because they need to maintain their respect in the community they serve. These policies and standards set outlines to the legal obligations that also create the department of justice culture and expectations. Impropriety With every great power come great responsibilities. However, the general principle of ethical codes should not be used as a penal division to threaten employees with disciplinary action. These ethical codes act as a reminder to these employees to ensure they establish ethical foundations of their responsibilities to the communities they serve. In my opinion, impropriety appearance is very peculiar to the department of justice employees because the employees especially judges may make decisions that are sometimes challenged or disputed by the public. However, I believe that every employee of the department of justice should practice impartiality and integrity based on ethical decisions that he or she wants to make. Avoiding impropriety appearance helps the Department of justice employees gain confidence from the public (Stanton and Prescott, 2018). 6 Congressional Oversight and Department of Ethics FBI Participation in Trainings with other Law enforcement The FBI is a justice department that works towards cooperating with other federal law enforcement agencies to effectively provide law enforcement. The cooperation with both local and national agencies assists in addressing complex crimes and ensuring that national security threats are looked are. The law enforcement coordination formed in 2002 was aimed at creating new partnerships, building bridges, and providing support of the FBI and other federal agencies. With this in mind, training with other law enforcement agencies would not alter the original purpose of the FBI but will strengthen it. 7 Congressional Oversight and Department of Ethics Reference Galbraith, J. (2013). Congress Treaty-Implementing Power in Historical Practice. SSRN Electronic Journal. DOI:10.2139/ssrn.2275355 Stanton, J., & Prescott, C. (2018). 13. Judicial review: Procedural impropriety. Public Law. DOI:10.1093/he/9780198722939.003.0013 Sten, B., & Lars, B. L. (2013). "Undue" Gifts for Public Employees: An Administrative and Criminal Law Analysis. "Undue" Gifts for Public Employees Doi: 10.1163/15718174-21022025 West, E. G. (2018). Revisiting Contempt: Congress Arrest Power and the Limits of Liquidation. SSRN Electronic Journal. DOI:10.2139/ssrn.3127797
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Running Head: Congressional Oversight and Department of Ethics

Congressional Oversight and the Department of Ethics

Rodi Al Qeseshaq
Grand Canyon University
27th September 2020

2

Congressional Oversight and Department of Ethics
Introduction
The Judiciary Act of 1789 established the Attorney General’s office part-time position which
required one person who had pursued law. His responsibilities were to conduct and prosecute all
Supreme Court cases where the United States was concerned and also provide appropriate advice
and suggestions regarding any law questions required by the President or Head of departments if
the issues concerned the department. However, there was work overload that necessitated the
recruitment of several assistants for the Attorney General. Private attorneys were retained as the
workload increased due to the increment of the size of the nation. Due to the civil war that ended
in 1870, the number of lawsuits had risen and led to the Retention of the expensive private
attorneys. The congress was concerned and managed to pass a law that established the Justice
Department. The Department of Justice officially came to be on July 1, 1870, intending to handle
civil suits and criminal prosecutions. Moreover, the 1870 Act established the Solicitor General’s
office to assist the Attorney General.
Powers of the Congress
Congress has powers to enhance the nations’ economy and to ensure that the government
operations run effectively by evaluating the performances and programs. It ensures that there is
protection of constitutional rights and civil liberties by preventing and detecting non-performing
administrations, erratic behavior, abuse, and conducts that are unconstitutional. Congress also
ensures that the general public is informed of the executive policies that have the interest of the
public by preventing executive infringement. Also, it has powers over the executive directors.
Congress has implied oversight to exercise power over the agencies. It can exercise the oversight
through the support o...