United States v. Wilson

The U.S. Commission on Civil Rights questioned the use of 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. The U.S. District Court for the District of Columbia granted the Commission's motion to intervene, but did not address the availability of the Commission's appropriations to employ outsid counsel to represent it in the litigation. The court also ruled on the merits of the case in favor of Victoria Wilson. The Department of Justice then filed a motion to appeal both court orders. GAO held that, 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, GAO plans 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, GAO 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 to 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.