Buck Stops With Reno

Congress can debate from here to adjournment the wisdom of Atty. Gen. Janet Reno’s decision--so far--not to request appointment of an independent counsel to take over the investigation of fund-raising abuses in the 1996 presidential campaign. Even now there may be cause to take the investigation out of the Justice Department and turn it over to an outsider. But that decision is Reno’s alone to make on the basis of her information and her interpretation of the law.

Congress has no business threatening Reno with contempt charges for declining to turn over to a House committee memos from three subordinates who have urged her to trigger the independent counsel law. This is a fishing expedition by Chairman Dan Burton (R-Ind.) of the House Government Reform and Oversight Committee, and the panel should reject the request if Burton insists on putting the issue to a vote today. Better yet would be for Burton to acknowledge the idea is wrongheaded and drop it altogether.

The detailed memos were written by FBI Director Louis J. Freeh, Assistant U.S. Atty. Charles G. LaBella and FBI Special Agent James V. Desarno. All three confirmed to the committee Tuesday that they have told Reno an outside prosecutor should be summoned. But the three also resisted, appropriately, Burton’s efforts to elicit the thinking behind their recommendations. The memos are filled with details of the investigation to date. To disclose them would give targets--possibly including President Clinton and Vice President Al Gore--road maps to the federal cases against them, the Justice officials said.

Government executives need to have confidential communications with subordinates and advisers. Without the ability to freely discuss issues and policy alternatives, decision-making would occur in an uninformed vacuum. Just as well throw darts and pick options from the dartboard.

The precedent Rep. Burton seeks could make the executive branch a ground for all sorts of witch hunts by those who second-guess motives and judgments of decision-makers. Good executives make choices and accept responsibility for them.

Reno is the attorney general. Right or wrong, she is making the decision and ultimately she--not Freeh, LaBella or Desarno--will be judged for it.