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Councilmember Vincent Orange
US Attorney Roscoe Howard
Letters on Investigating the Mayor’s Illegal Fundraising Scandal
April 26-29, 2002




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April 26, 2002

The Honorable Roscoe C. Howard, Jr.
United States Attorney for the District of Columbia
555 0 Street, NW
Room 5806
Washington, DC 20530

The Honorable Roscoe C. Howard Jr.:

The Committee on Government Operations of the Council of the District of Columbia held a Public Oversight Hearing to formally receive the Investigative Report on Fundraising Activities of the Executive Office of the Mayor on April 9, 2002. The Committee determined, after reviewing the Report and receiving testimony from the District of Columbia's Inspector General, Charles Maddox, that the report was inconclusive and raised additional questions.

During his testimony, Inspector General Charles Maddox, informed the Committee that the United States Attorney's Office had been forwarded the full Report as a referral for further consideration. Members of the Council of the District of Columbia are concerned about this referral, specifically as it relates to the intentions of your office in respect to this case and the procedures that will be followed. The Council is currently exploring the option of ascertaining the services of a Special Prosecutor and/or investigators to review the fundraising activities of the Executive Office of the Mayor.

I am requesting a conference meeting with you, prior to May 1, 2002, to discuss your office's intentions and procedural guidelines followed in cases of this magnitude. The Council is interested in bringing closure to this issue, and a meeting with you concerning the intentions of your office will assist us in this process. The Mayor will be testifying before the Committee on May 1, 2002.

Please contact me as soon as possible at (202) 724-8028 to schedule a meeting with District of Columbia Councilmernbers prior to May 1, 2002.

Vincent B. Orange, Sr., Chairman
Committee on Government Operations

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U.S. Department of Justice
United States Attorney

District of Columbia

Judiciary Center
555 Fourth St. N. W,
Washington, D. C. 20530

April 29, 2002

The Honorable Vincent Orange
Council of the District of Columbia
1350 Pennsylvania Avenue, N,W.
Washington, D.C. 20004

By Fax

Dear Councilmember Orange:

Thank you for inviting me to confer with you prior to your May 1, 2002, hearing on the Investigative Report on the Fundraising Activities of the Executive Office of the Mayor.

As the Inspector General stated in his report, he has referred the matter to the United States Attorney's Office (and other law enforcement agencies). We now have the matter under review. In order to avoid compromising the integrity of this review, it would be inappropriate for me to comment further at this time. Let me direct your attention to U.S. Attorney's Manual § 1-7.530; D.C. Rules of Professional Conduct, Rule 3.8.

Your letter mentions the possibility of appointing "a Special Prosecutor and/or investigator." In a situation where a United States Attorney's Office is probing into a matter involving state or local employees or officials, the concern about independence that might suggest the appointment of a Special Prosecutor does not arise. Moreover, while the Council itself has the "power to investigate any matter related to the affairs of the District," D.C. Official Code §1-204.13, we are not aware of any federal or District of Columbia statute that authorizes the appointment of a Special Prosecutor.

I can assure you that we will proceed expeditiously with the referral from the Inspector General. I appreciate your concern and hope that this is helpful in guiding whatever action the Council deems appropriate.

Roscoe C. Howard, Jr.
United States Attorney

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