Evaluation of Sufficiency of Subpoena Authority Within the Department of Defense in Support of General Crimes Investigations

摘要

This evaluation was performed to address two matters. The first was a recommendation made by the National Academy of Public Administration (NAPA) in a June 1999 report entitled, Adapting Military Sex Crime Investigations to Changing Times. Chapter 2 of the NAPA report addresses 'Investigative Authorities and Autonomy'. The report notes that the Military Criminal Investigative Organizations (MCIOs) lack direct subpoena authority and that there is a growing potential for use of subpoenas in investigations involving Internet computer crime (including pornography and child solicitation). The NAPA panel recommended that DoD consider providing approval authority to the Services' General Counsels or to some other appropriate Service official. Second, an April 19, 1999, Air Force Office of Special Investigations memorandum to the Inspector General, DoD, recommended the establishment of subpoena authority for criminal investigations as an issue for the IG, DoD, Office of Criminal Investigative Policy and Oversight (CIPO) FY 2000 Project Plan. Inspector General Subpoena Authority. The authority of the IG, DoD, to issue subpoenas is derived from the Inspector General Act of 1978, as amended, 5 U.S. C. app 3. The Act provides each statutory Inspector General broad duties and responsibilities. Pursuant to 5 U.S.C. app 3, % 2 (1), Inspectors General are empowered to conduct and supervise audits and investigations relating to the 'programs and operations' of his or her agency. To properly perform these functions, Inspectors General are given subpoena authority to compel the production of documentary evidence. The Office of Criminal Investigative Policy and Oversight administers the OIG subpoena program for the MCIOs on behalf of the Inspector General.5.