United States v. Thomas
United States v. Thomas
Opinion of the Court
ORDER
This action comes before the court on defendants’ motion to dismiss. The defendants, Robert Thomas and Paula Burns, contend that the Special November, 1975, Grand Jury, which returned indictments charging them with mail fraud, was improperly impaneled thereby violating their rights to due process.
The instant indictments were returned by a Special Grand Jury impaneled pursuant to Title I of the Organized Crime Control Act of 1970.
Initially, defendants argue that the failure of the President to appoint certain members to the Title XII Commission was a violation of the Constitution. This court cannot see how such an issue is germane to defendants’ claim. The substantive issue is rather whether such a failure to appoint resulted in a denial of due process to these particular defendants. The resolution of such a question turns upon construction of the provisions of Title I and Title XII.
The defendants assert that the implementation of Title XII was'intended by Congress to be a condition precedent to the validity of Title I as well as the entire Act. The foundation for this assertion lies in the contention that without the benefit of Commission recommendations, the Act is devoid of any guidelines or safeguards. Further, that absent such guidelines the courts are powerless to take notice of or correct governmental abuse, misconduct, or the deprivation of individual rights'
In construing the statute in question, the cardinal duty imposed on this court is to effectuate the .intent of Congress. City of New York v. Train, 161 U.S.App.D.C. 114, 494 F.2d 1033 (1974), Johnson Service Co. v. H. S. Kaiser Co., 324 F.Supp. 745 (D.C. 1971). Based on the content of the statute this court concludes that it was never the intent of Congress to make the existence of the Individual Rights Commission a condition precedent to the validity of the entire Act.
The primary purpose behind the creation of such a Commission was to “study and review” federal laws which may pose a danger to individual rights.
Further evidence of the Commission’s independent nature is found in the fact that Title XII was to become effective two years after the statute’s enactment and would cease to exist as of January 1, 1978. Conversely, the majority of the remaining titles were to operate prior to the Commission’s existence and continue after its termination. Such evidence crystalizes the intention of Congress to implement the provisions of the Act independent of the establishment of the Commission.
The essence of the due process provision in the Fifth Amendment is fairness. Kamsler v. M. F. I. Corp., 359 F.2d 752 (7th Cir. 1966). Inherent in defendants’ claim of being denied due process is the contention that without the existence of the Commission the Act is devoid of procedural standards sufficient to assure such fairness by preventing governmental abuse. Such reasoning is contrary to the explicit language of the statute.
Under each section of Title I the District Courts are vested with broad supervisory powers designed to curb and remedy any potential abuse of process by the government.
Additionally, defendants Amesse and Donaldson have joined in the aforesaid motion. For the above stated reasons, this court finds that the November, 1975, Special Grand Jury was legally convened. Accordingly, defendants’ motion is hereby denied.
. Pub.L. 91-452, Title I, § 3331 et seq. October 15, 1970, 84 Stat. 923.
. Id. Title XII, § 1204.
. Id. § 1204, stating the duty of the Commission as being a study and review of federal laws and practices relating individual rights including but not limited to the various provisions of the Organized Crime Control Act.
. See: Re Grand Jury Proceedings, 507 F.2d 963 (3rd Cir. 1975). Under supervisory power derived from § 3331 of Title I District Courts can require affidavits to support issuance of subpoena. Where the court is not satisfied with such disclosure it may require additional proof. Such procedures are designed to prevent abuse of grand jury process.
Also: In re Lopreato, 511 F.2d 1150 (1st Cir. 1975). Holding that under § 3332 of Title I abuse of contempt proceedings is negated by court’s power to require an order independent
. Title I, § 3333(c)(1) provides opportunity for person named in such a report to file an answer or to appeal the issuance of such a report; § 3333(c)(2) and (d) allows the court to delay making a report public if it would prejudice a pending criminal matter even if report is otherwise publishable.
. Title I, § 3334.
Reference
- Full Case Name
- United States v. Robert E. THOMAS
- Status
- Published