Current Status Bill Number:464 Type of Legislation:Concurrent Resolution CR Introducing Body:Senate Introduced Date:19970304 Primary Sponsor:Ford All Sponsors:Ford and Patterson Drafted Document Number:res1318.rf Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19970325 Subject:Operation Lost Trust, findings of misconduct investigated; General Assembly, Ethics, Federal and State Government
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970401 Introduced, referred to Committee 25 HJ
Senate 19970325 Adopted, sent to House
Senate 19970325 Committee amendment adopted
Senate 19970319 Committee report: Favorable with 11 SJ
amendment
Senate 19970304 Introduced, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
COMMITTEE AMENDMENT ADOPTED
AND ADOPTED BY THE SENATE
March 25, 1997
S. 464
S. Printed 3/25/97--S.
Read the first time March 4, 1997.
TO REQUEST THE DEPARTMENT OF JUSTICE TO APPOINT A SPECIAL PROSECUTOR TO INVESTIGATE THE FINDINGS MADE BY A UNITED STATES DISTRICT COURT JUDGE THAT PROSECUTORS EMPLOYED IN THE UNITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF SOUTH CAROLINA COMMITTED EGREGIOUS PROSECUTORIAL MISCONDUCT IN THE COURSE OF PROSECUTING CASES UNDER THE STING OPERATION POPULARLY KNOWN AS "OPERATION LOST TRUST".
Amend Title To Conform
Whereas, public corruption and public accountability have been a familiar refrain both at the state and national level of government over the past several years; and
Whereas, it is uncontroverted that members of the public should be able to look upon public officials with respect, admiration, and above all else, trust; and
Whereas, no greater institutions exist for upholding the sacred trust that has been bestowed upon the shoulders of public officials than service rendered through the executive, legislative, and judicial branches of our great government; and
Whereas, public confidence in these great institutions has been substantially eroded due to public perception of pervasive and wholesale corruption on the part of public officials who occupy these offices; and
Whereas, Operation Lost Trust was touted as a curative measure with the sole objective of restoring public trust in at least one of our great institutions - namely, the South Carolina General Assembly; and
Whereas, the impact of Operation Lost Trust has been felt throughout state government and has resulted in sweeping legislative reform of our ethics laws; and
Whereas, recent court proceedings have revealed that some of the prosecutors involved in the investigation and prosecution of Operation Lost Trust were guilty of egregious acts of prosecutorial misconduct; and
Whereas, the findings of misconduct comprise deplorable acts, including, but not limited to: misrepresentation, deceit, selective prosecution, falsifying evidence, subornation of perjury, and withholding potentially exculpatory evidence; and
Whereas, prosecutors and other practitioners in the legal profession are sworn defenders of the Constitution and of the individual and collective liberties of our great State and country and should, therefore, aspire to be persons of the utmost integrity and unassailable character; and
Whereas, prosecutors possess a tremendous amount of power and resources to bring about positive change in our society when utilized in the appropriate manner; and
Whereas, the prosecutors in Operation Lost Trust have been found to have abused the very power and resources entrusted to them by the public, thereby causing a further erosion of public confidence in our great government; and
Whereas, the reviewing judge found the prosecutors' actions to be so abhorrent that he wrote "...that the only remedy available to these defendants that would be commensurate with the misconduct of the government is the dismissal of these indictments."; and
Whereas, the conduct of the prosecutors offended the sensibilities of the court to such an extent that it ordered this rare remedy of dismissal of the indictments with prejudice; and
Whereas, public corruption by persons occupying positions of trust who are sworn to uphold the law cannot and should not be tolerated at any level; and
Whereas, persons charged with the duty of enforcing the law should be above reproach and conduct themselves as examples for all to follow; and
Whereas, deceitful, biased, dishonest, and distrustful prosecutors should feel the full brunt of the laws they seek to overzealously and wrongfully enforce against the people of this State; and
Whereas, the United States Department of Justice is the institution endowed with the authority and power to supervise and bring into check errant departments under its supervisory authority; and
Whereas, one of the most effective tools available to the Department of Justice to ferret out the truth has been the power to appoint an independent special prosecutor for the purpose of investigating and prosecuting improper government action; and
Whereas, there is no greater justifiable cause for requesting the intervention of the Department of Justice than to restore law and order in an investigation where our system of justice has gone awry. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the United States Department of Justice to appoint a special independent prosecutor to investigate and take any appropriate action regarding the findings of egregious prosecutorial misconduct leveled against the prosecutor employed by the United States Attorney's Office, South Carolina Division, and involved in the investigation and prosecution of Operation Lost Trust.
Be it further resolved that a copy of this resolution be forwarded to Ms. Janet Reno, United States Attorney, Tenth and Constitution Avenues, NW, Room 511, Washington, D.C. 20530.