Reading Room Document

Authority of the Department of Justice to Retain Private Legal Counsel

This document discusses the authority of the Department of Justice to retain private legal counsel for the defense of federal officials. The document presents two memorandums, one from the Congressional Research Service and another unsigned memorandum, both of which conclude that there is substantial doubt whether the Department of Justice has the statutory authority to retain private attorneys. However, the Assistant Attorney General, Office of Legal Counsel disagrees with this conclusion, arguing that the Department's policy of retaining private attorneys is adequately supported by the implied authority of the Attorney General. The document also highlights the actions taken by Congress, including providing appropriations for the Department's policy, which supports the view that authority exists for the Department's policy. The questions presented for review include the authority of the Department of Justice to retain private legal counsel and the implications of Congressional actions in supporting the Department's policy.

March 10, 1978