Meese Extends Power of Special Counsels to Include Congress : Denies Final Act as Attorney General Is ‘Sour Grapes’

Edwin Meese III ended his controversial tenure as the nation’s 75th attorney general today with a swipe at Congress, unveiling a policy under which its members could be subject to prosecution by an independent counsel and which he denied was “sour grapes.”

In a farewell news conference at the Justice Department, Meese said the new policy--adopted without consulting Congress--will allow the attorney general to appoint special counsels to investigate “any criminal law allegation against a member of Congress.”

Meese said the attorney general “has the inherent power” to set up the policy. The special prosecutor would report to the attorney general.

Adopted After Watergate

Currently, the independent prosecutor law--recently upheld as constitutional by the Supreme Court over Meese’s objections--applies only to the executive branch. Congress adopted the law in the wake of the Watergate scandal to prevent the President from interfering with Justice Department investigations of high-level government officials.

Meese said the policy he announced is based in part on regulations used by the Justice Department to appoint special prosecutors during Watergate.

He said the new policy would not apply to existing investigations, such as the House’s internal investigation by an independent counsel of House Speaker Jim Wright’s financial dealings.

Meese also said he had talked with his successor, Richard L. Thornburgh, about the policy and noted that Thornburgh “raised no objection” to it, adding, “I believe he agrees with it.”

Hours after independent prosecutor James McKay completed his 14-month criminal investigation of Meese’s conduct while in office, Meese, 56, announced July 5 that he was resigning. Meese claimed that McKay’s report, at the time still secret, “completely vindicated” him.

McKay said Meese probably committed four separate violations of federal tax and conflict-of-interest laws but declined to pursue criminal charges against the attorney general.

‘Sour Grapes’ Denied

In response to a question, Meese denied that the new special counsel policy for Congress was “sour grapes.”

Asked about what legacy he is leaving in the wake of the controversy surrounding his ethical conduct, Meese replied, “Well, I would think the legacy is probably the best management team and the best management process that the department has ever enjoyed.”

In announcing the policy for Congress, Meese said: “From now on, should the attorney general receive specific and credible evidence that a United States senator or a member of the House of Representatives has committed a violation of criminal law, he or she will launch a preliminary investigation in exactly the same way that an investigation is begun under the independent counsel statute, which applies to executive branch officials.”