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Additional resources for Above the Law. Secret Deals, Political Fixes and Other Misadventures of the U.S. Department of...

Sample text

As an officer of the court, the attorney general seeks justice. As a cabinet member and adviser to the president, the attorney general seeks to protect the White House from its “enemies” no matter how honorable they may be. But with the 1870 decision making the attorney general the commander of what has developed into a formidable investigative force, the challenge became even more difficult. Rather than possessing two sometimes conflicting faces, as suggested by Meador and Seymour, the modern attorney general exhibits three.

The remaining four—slightly less than one quarter of all the health, safety and environmental matters disposed of during the week all over the nation—resulted in findings of guilt. Yet not one individual involved in these four cases was sentenced to prison. The Justice Department’s data show that the department’s handling of this group of regulatory matters during the test week was noticeably less harsh than its handling of most other categories of crime. In immigration cases, for example, instead of most of the matters being dismissed and none of the individuals going to prison, four out of five were found guilty and two out of three were sent to prison.

In criminal cases, the prosecutor always represents the victim. In civil matters, on the other hand, the government can be either the plaintiff or the defendant. One example of the former is when the Justice Department sues a school board for violating the civil rights laws or a corporation for failing to meet its tax liabilities. In the latter case, the Justice Department defends a government agency, and sometimes a specific official, who has been sued by a private party or, more rarely, by another agency.

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