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