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E-mail From Washington

From: Terry Frieden
In: Washington
Posted 10-23-97

Subject: Justice Dept, Hyde tangle over plan to pay legal fees of acquitted defendants

A top Justice Department official Thursday blasted a proposal on Capitol Hill which would require the government to pay the legal fees of some defendants acquitted of federal crimes.

At the Thursday Justice Department briefing, Deputy Attorney General Eric Holder warned the measure could keep prosecutors from bringing tough cases to court. Justice Department officials say Attorney General Janet Reno has urged President Clinton to veto the measure if necessary. The House passed the proposal overwhelmingly, 340-85. It now goes to the Senate.

Holder told reporters, "If this bill becomes law, people like John Gotti, who beat the rap at his first trials, and John Hinckley and John DeLorean, who were also acquitted, could wind up with big taxpayer checks".

Holder said, "The only exception would be when prosecutors bring charges that are 'substantially justified,' a term that the legislation does not even define."

However, the legislation's sponsor, House Judiciary Committee Chairman Henry Hyde, rejected Holder's arguments. Hyde's office supplied a statement which said, "If federal prosecutors are going to indict someone on a criminal charge and the government cannot prove substantial justification for bringing the case following its conclusion, and the verdict is not guilty, then the prosecution pay something toward the attorney's fees of the victim. That may be rough justice, but it is justice." Hyde says the burden should be on the government after an acquittal to "substantially justify" bringing charges.

A spokesman for Hyde said the proposal is similar to a 17-year-old law that allows similar findings in civil suits brought by the federal government. The spokesman said experience has shown that has ended up costing the government about seven million dollars a year for attorney's fees. He had no estimate on the potential cost of the provision in criminal cases.

Hyde says it is possible for a defendant to be acquitted, and yet be bankrupted by legal costs.

At the Justice Department, Holder said, "The sponsors argue that they want to rein in abusive prosecutors. So do we." The deputy attorney general insisted that existing safeguards are adequate. "Prosecutors must already go to a grand jury before they can indict a defendant. Judges can already turn away selective or vindictive prosecutions, and attorneys can already be sanctioned, fined, dismissed, and sometimes even sued," he said.


In Other News:

Thursday Oct. 23, 1997

Sen. Kerrey Interviewed In Teamsters Probe
Angry Words At Senate Hearing
White House: Child Care Needs Unmet
Va. Gov. Race: Poll Gives GOP 7-Point Lead
GOP Steered Donations To Independent Groups
Fast Track Legislation Is In Jeopardy

E-Mail From Washington:
Justice Dept, Hyde Tangle Over Acquitted Defendants' Legal Fees
Gephardt Discusses Disputed House Election, Education, Trade





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