I Fought the Law and the Law Lost: The Case for Congressional Oversight Over Systemic Department of Justice Discovery Abuse in Criminal Cases

Authors

Christopher R. Smith, American University Washington College of Law

Abstract

The article argues that congressional oversight of DOJ discovery abuse is necessary to address systemic issues in prosecutorial misconduct and ensure justice. It contends that such oversight aligns with legislative goals, checks executive overreach, and avoids conflicts of interest inherent in other oversight mechanisms. While acknowledging potential separation of powers concerns and executive privilege claims, the analysis emphasizes that these should not preclude Congress from fulfilling its constitutional role in monitoring DOJ practices.

Disciplines

Law | Legal Ethics and Professional Responsibility | Legal Profession | Legislation

Recommended Citation

Christopher R. Smith, I Fought the Law and the Law Lost: The Case for Congressional Oversight Over Systemic Department of Justice Discovery Abuse in Criminal Cases, 9 Cardozo Pub. L. Pol’y & Ethics J. 85 (2010).
Available at: https://larc.cardozo.yu.edu/cplpej/vol9/iss1/5