EFTA00032930.pdf
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From: '
(USANYS)"
To: "
SANYS)"
(USANYS)"
Subject: OPR and PMRU Stuff
Date: Thu, 08 Apr 2021 17:22:47 +0000
SANYS
Here's the relevant section of the Epstein OPR report, and the Justice Manual provision on the Professional
Misconduct Review Unit, to which OPR findings of professional misconduct get referred.
From the public Epstein OPR Executive Summary (fn's omitted):
III. OVERVIEW OF OPR'S ANALYTICAL FRAMEWORK
OPR's primary mission is to ensure that Department attorneys perform their duties in accordance with the
highest professional standards, as would be expected of the nation's principal law enforcement agency.
Accordingly, OPR investigates allegations of professional misconduct against current or former Department
attorneys related to the exercise of their authority to investigate, litigate, or provide legal advice. OPR also has
jurisdiction to investigate allegations of misconduct against Department law enforcement agents when they relate
to a Department attorney's alleged professional misconduct.
In its investigations, OPR determines whether a clear and unambiguous standard governs the challenged conduct
and whether a subject attorney violated that standard. Department attorneys are subject to various legal
obligations and professional standards in the performance of their duties, including the Constitution, statutes,
standards of conduct imposed by attorney licensing authorities, and Department regulations and policies. OPR
finds misconduct when it concludes by a preponderance of the evidence that a subject attorney violated such a
standard intentionally or recklessly. Pursuant to OPR's analytical framework, when OPR concludes that (1) no
clear and unambiguous standard governs the conduct in question or (2) the subject did not intentionally or
recklessly violate the standard that governs the conduct, then it concludes that the subject's conduct does not
constitute professional misconduct. In some cases, OPR may conclude that a sub…
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