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Notes: Law 3 - Require Investigation

Precedent: Special Counsel Regulations (28 CFR 600)​

  • The Special Counsel framework provides a model for mandating independent investigations
  • Key feature: investigative independence from DOJ leadership
  • Key lesson: Independence must be structural, not just promised

Precedent: Church Committee (1975)​

  • Senate committee investigated abuses by CIA, NSA, FBI, and IRS
  • Revealed massive intelligence agency overreach
  • Key lesson: Congressional oversight is essential but insufficient alone

Precedent: Warren Commission / HSCA​

  • Warren Commission criticized as predetermined in conclusions
  • HSCA later contradicted Warren Commission findings
  • Key lesson: The "good-faith" investigation definition must explicitly prevent predetermined conclusions

Key Improvement: 175 Items as Mandatory Investigation Targets​

The major improvement is that the investigation must specifically pursue each lead from Schedule A:

  1. The "good-faith investigation" definition now explicitly includes pursuing all leads from the 175 items
  2. Section 2(d) enumerates specific mandatory investigation targets in 8 categories
  3. The external monitor (Section 6) verifies leads are being pursued
  4. Reports must address each Schedule A category (Section 8(d))
  5. The conflict of interest trigger (Section 4(c)) addresses the self-investigation problem

Analysis​

Pros​

  • Addresses the gap where agencies may have files but never actually investigated
  • 175 items as mandatory investigation targets ensures nothing is ignored
  • Dedicated team and budget prevent resource starvation
  • External independent monitor (not internal inspector) provides real oversight
  • Conflict of interest trigger automatically transfers authority if agencies are implicated
  • 90-day interim reports create accountability checkpoints
  • Parallel law enforcement and intelligence tracks cover both domains

Cons​

  • Mandating specific agents (20) and budget ($10M) may face appropriations challenges
  • 18-month timeline may be insufficient
  • "Good-faith investigation" is inherently subjective
  • FBI investigating potential FBI involvement creates conflict (partially addressed by Section 4(c))

Key Improvement: Conflict of Interest Trigger​

Previous version had no mechanism for what happens when the investigating agency is itself implicated. Section 4(c) now creates an automatic transfer to an independent commission. This addresses the single biggest weakness of the previous version.

Sources​