Adam Schiff Questions Judicial Nominee Daniel Burrows on DOJ Manual and Prosecutorial Ethics

Judicial Nominee's Oath and Authority

• ⚖️ Daniel E. Burrows affirms that if confirmed, his highest legal authority would be the United States Constitution, applicable federal and state statutes, and binding precedent.
• ✅ He states he can submit to the Constitution and laws without reservation, consistent with his religious beliefs.

DOJ Manual and Prosecutorial Standards

• 📌 The discussion focuses on Section 9-27.220 of the Justice Department manual, which requires prosecutors to believe a person will more likely than not be found guilty beyond a reasonable doubt before commencing a prosecution.
• 🎯 Burrows acknowledges this policy is consistent with prosecutorial ethics codes and that he has followed it throughout his career.
• 💡 He states that his personal beliefs about the policy's correctness are irrelevant if he were to join the Department of Justice, as he would be bound by its policies.

Concerns Over Manual Violations

• ⚠️ Senator Schiff raises concerns about potential instances where prosecutors may be ignoring the manual's standards, citing cases where grand juries returned no true bills despite recommendations from career prosecutors.
• 📉 Examples are given of US attorneys reportedly facing difficulties with grand juries and career attorneys leaving offices due to alleged moral dilemmas related to leadership decisions.

Accountability for Ignoring Policy

• ❓ Schiff asks what the remedy would be for prosecutors willfully ignoring provisions of the Justice Manual, specifically regarding seeking indictments only when a case can be proven beyond a reasonable doubt.
• 🏛️ Burrows clarifies that the Office of Legal Policy is not involved in specific investigation decisions and that issues of violating departmental policies are handled by those in supervision, such as the Deputy Attorney General and Attorney General, potentially through employment discipline or professional responsibility offices.
• 🤝 Burrows states he has no reason to believe the policy Schiff read to him needs to be changed.