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IRS SENIOR EMPLOYEE MISCONDUCT PROBLEMS
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Hearings before the Commerce, Consumer, and Monetary
Affairs Subcommittee of the Committee on Government
Operations, House of Representatives,One Hundred First
Congress, First Session, July 25, 26, and 27, 1989.
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Washington : U.S. G.P.O. : For sale by the Supt. of Docs.,
Congressional Sales Office, U.S. G.P.O., 1989.
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GOV DOC # Y 4.G 74/7:Em 7/11.
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A reproduction of the following letter can be found on page 566.



                          U.S. Department of Justice

                          Office of the Associate Attorney General

__________________________________________________________________
 
                          Washington, D.C. 20530 
 
                          MAY 25, 1989 
                

  James J. Keightley
  Associate Chief Counsel (Litigation)
  Department of the Treasury
  Internal Revenue Service
  Washington, D.C.  20224


     Re: Congressional Requests to Interview lnternal Revenue
         Service Special Agent William Duncan

  Dear Mr. Keightley:

     We agree that the Department of the Treasury should
  cooperate fully with the congressional inquiries into the use of
  a private airport in Mena, Arkansas, as a staging area for the
  transport of guns to, and drugs from, Central America. Special
  Agent William Duncan should be able to discuss freely the scope
  of his investigation to the extent that he does not disclose
  "matters occurring before the grand jury." Specifically, Rule
  6(e)(2) of the Federal Rules of Criminal Procedure prohibits
  Agent Duncan from disclosing the names of witnesses who testified
  before the grand jury, the substance of their testimony, and the
  identity and content of documents subpoenaed by the grand jury.
  It also does not permit him to disclose information that was
  generated by a grand jury subpoena. But the rule does not bar
  him from disclosing any information that he learned from other
  sources, even if that information was ultimately presented to the
  grand jury. If Agent Duncan would like further guidance on the
  subject of grand jury secrecy, we will make available a Criminal
  Division Attorney to meet with him prior to his interviews.


                                Sincerely,

                                J O E  D .  W H I T L E Y 

                                JOE D. WHITLEY 
                                Acting Associate Attorney General

  cc: James I.K. Knapp
      John C. Keeney