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2007 Assessment

United States: Integrity Indicators Scorecard

United States: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators   Score
71 In law, is there an agency (or group of agencies) with a legal mandate to address corruption? 100
72 Is the anti-corruption agency effective? 75
73 Can citizens access the anti-corruption agency? 75

Indicator and sub-Indicator Details

71 In law, is there an agency (or group of agencies) with a legal mandate to address corruption?
 
  71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?
 
Score: YES  NO score
  Comments: As noted above, it has been argued that a diffuse approach to anti-corruption has its advantages, as various agencies have political and funding incentives to point out misconduct by rival agencies.

References: The U.S.'s strong commitment to separation of powers means that anti-corruption efforts are often diffuse and uncoordinated. Nevertheless, the executive branch's Department of Justice (and its Federal Bureau of Investigation (FBI) and Public Integrity Section have ultimate jurisdiction over corruption. "Public corruption is one of the FBI's top investigative priorities, behind only terrorism, espionage, and cyber crimes," according to the FBI Web site. [ LINK ].

See also: [ LINK ]

Members of Congress are also subject to DOJ investigation and prosecution, although the Constitution places most of the onus on Congress itself to manage Congressional behavior.

Peer Review Comments: The URL [ LINK ] doesn't work for me.

Peer Review Comments: There are also inspector generals in government agencies to guard against and to investigate corruption and related conduct. Similarly, you may want to bring in a discussion of the General Accounting Office.

72 Is the anti-corruption agency effective?
 
  72a: In law, the anti-corruption agency (or agencies) is protected from political interference.
 
Score: YES  NO score
  Comments:

References: Both the FBI director and the Attorney General are presidentially appointed, and as such have close ties to the president and his administration. Former Attorney General Alberto Gonzales provides a stark example, as his intense loyalty to President Bush (and vice-versa) in the face of bipartisan criticism contributed to his stepping down.

Peer Review Comments: During 2007, Congress investigated charges that several U.S. attorneys, delegates of the U.S. attorney general, were fired by the attorney general at the behest of the White House because of their failure to investigate or prosecute local officials of the opposite party in advance of the 2004 presidential election. If true, these allegations would consititute gross political interference in the prosecutorial function.

  72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.
 
Score: 100  75  50  25  0  score
  Comments:

References: See above and: "In the End, Realities Trumped Loyalty, Washington Post, August 28, 2007.

Peer Review Comments: U.S. prosecutors scandal should be discussed here.

  72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.
 
Score: 100  75  50  25  0  score
  Comments:

References: Article II, Sec. 4 of the Constitution requires impeachment of civil officers to be limited to "treason, bribery, or other high crimes and misdemeanors."

Peer Review Comments: If "removal" refers only to constitutional removal, then I agree with the 75 score. But if removal includes removal, or pressuring removal, by the president, then I think the score has to be much lower. I'm thinking of a scenario like Richard Nixon's "Saturday Night Massacre" here.

  72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.
 
Score: 100  75  50  25  0  score
  Comments:

References: Attorneys General (head of Dept of Justice) and FBI Directors are typically well qualified. See: [ LINK ] and [ LINK ]

  72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.
 
Score: 100  75  50  25  0  score
  Comments:

References: As of July 3, 2007, the FBI had a total of 30,646 employees. That includes 12,444 special agents and 18,202 support professionals such as intelligence analysts, language specialists, scientists, information technology specialists, and other professionals. [ LINK ]

  72f: In practice, the anti-corruption agency (or agencies) receives regular funding.
 
Score: 100  75  50  25  0  score
  Comments:

References: In fiscal year 2007, the FBI's total budget was approximately $6.04 billion, including $318 million in program increases for our counterterrorism, surveillance, information technology, forensics, training, and information sharing programs. [ LINK ]

  72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.
 
Score: 100  75  50  25  0  score
  Comments:

References: See example reports at: [ LINK ]

Peer Review Comments: General Accounting Office reports

  72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.
 
Score: 100  75  50  25  0  score
  Comments: That said, 2007 has witnessed FBI investigations of powerful members of Congress, including Senator Ted Stevens, former Chair and current ranking minority member of the Senate Appropriations Committee, which oversees disbursement of federal funds. "Stevens' Raid May Boost Ethics Reform," Washington Post, August 1, 2007

References: The Constitution gives Congress authority to oversee the behavior of its members, and this power creates significant obstacles to FBI investigations into improper congressional activities. In a recent example cited above, both Democratic and Republican members of Congress protested the FBI's raid of a Congressman's office, even though the FBI had amassed a great deal of evidence of wrongdoing.

  72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.
 
Score: 100  75  50  25  0  score
  Comments: The Constitution gives Congress authority to oversee the behavior of its members, and this power creates significant obstacles to FBI investigations into improper congressional activities. In a recent example cited above, both Democratic and Republican members of Congress protested the FBI's raid of a Congressman's office, even though the FBI had amassed a great deal of evidence of wrongdoing.

That said, 2007 has witnessed FBI investigations of powerful members of Congress, including Senator Ted Stevens, former Chair and current ranking minority member of the Senate Appropriations Committee, which oversees disbursement of federal funds. "Stevens' Raid May Boost Ethics Reform," Washington Post, August 1, 2007

References: While the FBI can act independently, congressional leaders can serve as gatekeepers to FBI investigations into congressional malfeasance. "FBI to Examine Foley's E-Mails: Hastert Calls For Independent Probe," Washington Post, Monday, October 2, 2006; Page A1.

73 Can citizens access the anti-corruption agency?
 
  73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments:

References: The FBI has online and telephone methods for reporting corruption. Minor cases get addressed rapidly, but political and constitutional realities may impede corruption claims against more senior officials, especially in Congress. [ LINK ]

  73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.
 
Score: 100  75  50  25  0  score
  Comments: The House of Representatives does not allow citizens or CSOs to file complaints to its ethics committee, which has oversight over ethical (but not criminal) behavior. The committee's Web site, in contrast to the FBI's, is designed more for helping House members and staff navigate the ethics process than to encourage constituents to report malfeasance.

[ LINK ]

References: Ordinary citizens who report corruption are more isolated from retaliation than are government employees (whose jobs are on the line). In addition to being protected by both state and federal laws, citizens enjoy a vibrant media system always eager to report on government corruption. Nevertheless, the sensitivity of the issue (especially surrounding national security revelations) can have a direct effect on the government's response. "Blowing the whistle on fraud against government yields big rewards," Associated Press, November 26, 2004.

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