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*fV
GREENSBORO JUSTICE FUND
Southeastern Building, Suite 301 102 North Elm Street Greensboro, North Carolina 27401 919 275-6589
PRESS STATEMENT PRESS STATEMENT PRESS STATEMENT
DATE: October 7, 1982
FOR RELEASE: Immediately
FOR MORE INFORMATION, CONTACT: (919) 477-6076 in Durham
(919) 275-6589 in Creensboro
(212) 254-4695 in New York
RESPONSE TO JUSTICE DEPARTMENT "DENIAL" OF SPECIAL PROSECUTOR IN NOV. 3rd CASE
On Monday, October 4, 1982, the Justice Department released to the press two
letters addressed to the Greensboro Civil Rights Fund concerning our demand for
a Special Prosecutor in the federal investigation of the Greensboro Massacre.
Justice Department employees went so far as to call up certain members of the
press to ensure their receipt of the news. However, it was not until yesterday
morning that our lawyers received one, not both, of the letters.
We feel it necessary now to comment on the content of that letter and contrast
it to the facts and the law in the case. That contrast is striking.
To review: on March 22, 1982, Judge Erwin, presiding over the Winston-Salem
grand jury, heard our motion requesting a special prosecutor. Judge Erwin stated
at that time that he had no jurisdiction in the matter and referred us to the
U.S. Attorney General, to whom, two days later (3/24),we sent a letter requesting
the special prosecutor.
Under the Ethics in Government Act of 1978 (28 USC 591 & ff.), the Attorney
General has 90 days within which to respond to such a request. He must conduct a
preliminary investigation of allegations of wrongdoing by high level government
officials, and file a report with the Special Prosecutor Division of the U.S. Court
of Appeals for the DC Circuit (which oversees all such cases). He has only two
options under the law, and he must use one of them within the 90 day period:
(a) He can in effect reject the request for a special prosecutor by filing
with the court, in addition to his investigative report, a certification of non-
substantiation, to the effect that the charges are so unsubstantiated that no
further investigation is warranted. This ends the matter.
(b) OR, If no such certification of nonsubstantiation is filed, he is
bound by law to ask the Special Prosecutor Division to appoint a Special Prosecutor.
In fact, in our case that 90-day period passed without any preliminary investigative report or certification of nonsubstantiation being filed, and without any
action being taken by the Justice Department to appoint the special prosecutor. g
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| Title | 1.5.183-01 |
| Full text | *fV GREENSBORO JUSTICE FUND Southeastern Building, Suite 301 102 North Elm Street Greensboro, North Carolina 27401 919 275-6589 PRESS STATEMENT PRESS STATEMENT PRESS STATEMENT DATE: October 7, 1982 FOR RELEASE: Immediately FOR MORE INFORMATION, CONTACT: (919) 477-6076 in Durham (919) 275-6589 in Creensboro (212) 254-4695 in New York RESPONSE TO JUSTICE DEPARTMENT "DENIAL" OF SPECIAL PROSECUTOR IN NOV. 3rd CASE On Monday, October 4, 1982, the Justice Department released to the press two letters addressed to the Greensboro Civil Rights Fund concerning our demand for a Special Prosecutor in the federal investigation of the Greensboro Massacre. Justice Department employees went so far as to call up certain members of the press to ensure their receipt of the news. However, it was not until yesterday morning that our lawyers received one, not both, of the letters. We feel it necessary now to comment on the content of that letter and contrast it to the facts and the law in the case. That contrast is striking. To review: on March 22, 1982, Judge Erwin, presiding over the Winston-Salem grand jury, heard our motion requesting a special prosecutor. Judge Erwin stated at that time that he had no jurisdiction in the matter and referred us to the U.S. Attorney General, to whom, two days later (3/24),we sent a letter requesting the special prosecutor. Under the Ethics in Government Act of 1978 (28 USC 591 & ff.), the Attorney General has 90 days within which to respond to such a request. He must conduct a preliminary investigation of allegations of wrongdoing by high level government officials, and file a report with the Special Prosecutor Division of the U.S. Court of Appeals for the DC Circuit (which oversees all such cases). He has only two options under the law, and he must use one of them within the 90 day period: (a) He can in effect reject the request for a special prosecutor by filing with the court, in addition to his investigative report, a certification of non- substantiation, to the effect that the charges are so unsubstantiated that no further investigation is warranted. This ends the matter. (b) OR, If no such certification of nonsubstantiation is filed, he is bound by law to ask the Special Prosecutor Division to appoint a Special Prosecutor. In fact, in our case that 90-day period passed without any preliminary investigative report or certification of nonsubstantiation being filed, and without any action being taken by the Justice Department to appoint the special prosecutor. g |
