R. GLUECK: Is there no other device whereby the
discretion of the district attorney might be disciplined
to some extent?
MR. MEDALIE: There is this: The rule in the
Department of Justice, as I understand it, applicable
throughout the country except in the Southern District of
New York --
MR. HOLTZOFF: And the District of Columbia.
MR. MEDALIE: (Continuing) -- is that no nolle
shall be entered without the approval of the Department of Justice.
Now, the New York district attorney won't put up
with it because he does not see why he, being supposedly
an important member of a great bar, should be subject to
review by some person having a minor status in the
Department of Justice, because that is what it comes to.
For example, in bankruptcy cases, he might decide a certain
ease of concealing assets should be nolle prossed. Then a
person who does Important, but routine work, and does not
have the status of an assistant attorney general, would be
passing on his decisions, which would be perfectly absurd
because, in practice, it is found he does it mechanistically,
that is, he argues about minor points and says there is a
prima facie case. You frequently nolle prosse --
MR. WECHSLER: I never knew that to happen, George,
that anybody in the Department of Justice argued about a
nolle prosse.
MR. MDALIE: Then you mean that that supervision
is nothing?
MR. WECHSLER: Right, George.
MR. MEDALIE: It may be. In any event, the
United States attorneys in this district refuse to submit to
that. My predecessors refused, I did, and I think my
successor did, too, and it works pretty well. I never heard of any scandal as a result.
https://www.uscourts.gov/sites/default/files/fr_import/CR02-1943-min-Part3.pdf.pdf @1109