So we have no exemption. We have no denial of judicial review here. So anyone subjected under this bill has a right to go to a Federal district court to raise the question of whether the rule or regulation that they are being charged under or arrested under, whether or not that stands. Now, what we are addressing ourselves to here is the question of section 221, the regulatory process. The criminal bill was passed last year. In that bill it authorized the Attorney General and the Justice Department to promulgate rules and regulation to bring about the intentions of that legislation, of which was to establish a national database. They have not promulgated those rules and regulations. First question, that because it follows this legislation it could be contended in a judicial review process that they acted contrary to this legislation because it was promulgating a rule and regulation after the enactment of this act. If that were the case, any information derived from that database would be challengeable as having interfered with the privacy or the rights of that criminal defendant and could have breached his constitutional protection under the law.
Editor's note · Context
Discussing judicial review and regulatory processes related to a criminal bill.
Share
More from Paul E. Kanjorski
It is my honor to introduce to you and to our colleagues today our newest member of the Pennsylvania delegation, Mark Critz. Congressman Critz is a dedicated public servant to the people of western Pennsylvania. For more than a decade…
We have to get back to 'good regulation.' Maybe we even have to go a little beyond that and say, we need to get back to good values.
Clearly, Congress must prevent future activities from endangering our financial system, similar to what we witnessed with AIG, Bear Stearns, and Lehman Brothers last year.
I sympathize with the constituents of my friend from New York, Mr. Ackerman. When you hear some of the stories from the testimony of the Inspector General, that if only somebody turned around when they were examining the Madoff operation…





