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B-289701 1 (2002-02-27)

handle is hein.gao/gaocrptaodt0001 and id is 1 raw text is: SGAO -Accountability * Integrity Reliability United States General Accounting Office Washington, DC 20548 B-289701 February 27, 2002 The Honorable Steve Chabot Chairman, Subcommittee on the Constitution Committee on the Judiciary House of Representatives Dear Mr. Chairman: This responds to your letter of January 15, 2002, regarding whether the U.S. Commission on Civil Rights (Commission) may use appropriated funds to employ outside legal counsel to intervene in United States v. Wilson' and to pay the salary of a Commission member, Victoria Wilson, past November 29, 2001. Subsequent to your request, the U.S. District Court for the District of Columbia granted the Commission's motion to intervene. The order granting the Commission's motion, however, did not address the availability of the Commission's appropriations to employ outside counsel to represent it in the litigation. The court, in addition, ruled on the merits of the case in favor of Victoria Wilson. The Department of Justice (Justice) then filed a motion to appeal both court orders. In our opinion, the Commission does not have statutory authority to use its appropriated funds to hire outside counsel. However, given the court's order granting the Commission's motion to intervene and Justice's appeal of the court's order, we plan to take no action with respect to the Commission's use of appropriated funds to pay outside counsel pending resolution of the appeals from the district court's ruling. If the appellate court upholds the district court order granting the Commission's motion to intervene, we will take no further action. In addition, the district court ruled that Ms. Wilson's term does not expire until January 2006. Given the district court's ruling on this point, the Commission may use its appropriation to continue to pay Ms. Wilson's salary pending resolution of the appeals from the district court's ruling. BACKGROUND This matter arises as a result of a dispute over the expiration of Commissioner Wilson's term in office. On December 6, 2001, President Bush appointed Peter A. 'No. 01-CV-2541 (D.D.C. filed Dec. 7, 2001).

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