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News (Media Awareness Project) - US: Republicans Delay Authorizing Subpoena Process For Records
Title:US: Republicans Delay Authorizing Subpoena Process For Records
Published On:2003-03-13
Source:Wall Street Journal (US)
Fetched On:2008-01-20 22:21:58
REPUBLICANS DELAY AUTHORIZING SUBPOENA PROCESS FOR RECORDS

House Republicans agreed to delay authorizing subpoenas for records of a
federal judge they say misled them, after the Judiciary Committee's top
Democrat offered to help broker the dispute.

The Republicans say Chief Judge James M. Rosenbaum of Minnesota's federal
district court broke the law by letting drug offenders off too easily and
misrepresenting his sentencing decisions in May when he testified against a
bill that would reinstate tougher sentences for some first-time drug offenders.

Judge Rosenbaum's attorney, Victoria Toensing, says her client didn't
mislead the committee and that some sentences he imposed, while below those
in federal sentencing guidelines, were lawful "downward departures."

The judge, a Reagan appointee and former U.S. attorney, has squabbled for
months with the committee over access to sealed transcripts and other
information. Ms. Toensing says the committee's requests overstep
congressional authority and threaten the separation of powers. But Rep.
Howard Coble (R, N.C.), a subcommittee chairman, said in a letter last week
that Judge Rosenbaum "imposed illegal sentences in at least two cases" and
that the material sought may "reveal further illegality on his part in
sentencing additional criminal defendants."

The conflict has raised concerns among federal judges. "The judiciary takes
seriously any potential threat to judicial independence," said Dick
Carelli, a spokesman for the Administrative Office of U.S. Courts.

Rep. John Conyers Jr. of Michigan, the committee's ranking Democrat, hopes
a compromise could be reached before the "drastic step" of a subpoena, a
spokesman said. Mr. Conyers intends to invite the federal judiciary's
leadership to take part in the discussions, the spokesman said.
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