Senate Finance Committee Is Allowed To Have Prisoner Testify

The Senate Finance Committee won a legal fight Tuesday with the Justice Department over whether the panel can call a federal prisoner to testify this week on identity theft and tax fraud.

Last week, the Finance Committee received permission from a federal judge to call Evangelos Dimitrios Soukas before the panel. Soukas pled guilty in July 2005 to an extensive list of crimes, including filing false tax returns under the names of other people, which is an issue the Finance Committee wants to explore further. Soukas has been sentenced to nearly eight years in federal prison, although he is appealing the case.

The Justice Department, acting on behalf of the Federal Bureau of Prisons, objected to Soukas' appearance before the Senate panel, and it filed a motion on Monday challenging the writ of habeas corpus submitted by the Finance Committee for Soukas.

Why did the Bureau of Prisons object  to Soukas' testimony before a Senate committee? According to the Justice Department motion, "the Bureau of Prisons believes that allowing inmate Soukas to testify will create security concerns at the institution to which Souka will return," which is a federal prison in southern California. "The concern of the BOP is based on one of the fundamental principles in managing safe and secure correctional institutions: to the greatest extent possible, inmates should have a similar status; none should be allowed to have elevated status over others...This is because with elevated status comes a sense of power for the inmate...This power allows the inmate to take advantage of, direct and/or manipulate other inmates, thereby creating a dangerous environment for staff and inmates." The BOP says this is why it often prevents inmates from doing media interviews.

In addition, the Justice Department claimed the Finance Committee did not have authority to compel a witness to testify before the panel.

But a federal judge in Washington, D.C., disagreed, and he ruled on Tuesday that Soukas was to be turned over to the committee the following day. Spoukas

The Finance Committee was, to say the least, pleased with the court's ruling.

"I'm baffled as to why the Department of Justice would try to stop Congress from alerting Americans fully to the problem of identity theft and tax fraud," Sen. Max Baucus (D-Mont.), Finance Committee chairman, said in a statement. "The Justice Department didn't articulate any legitimate reason for standing in the way of Congress's oversight responsibilities. It appears they just wanted to hold a hearing as we see fit."

In addition to Soukas, the Finance Committee will hear Thursday from IRS Commissioner Mark Everson and other senior government officials.