Manual Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress

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Independent Counsel or Special Investigators
Contents:
  1. NPR Choice page
  2. Investigating Nixon and Watergate
  3. United States Department of Justice Office of Special Counsel
  4. Independent counsel
  5. Post navigation

With no regulatory mechanism that authorizes the release of the full report and with a separation of powers fight brewing, the time is right to bring back the Independent Counsel statute. This law addressed many problems revealed by the current Special Counsel regulations, including:. The Independent Counsel law provided a mechanism to release the Independent Counsel's report.

NPR Choice page

Under the Independent Counsel law , the final report was provided to the Court. The Court had the power to release the full report or any portions of the report to the public. By contrast, the Special Counsel regulations provide a very limited reporting mechanism , and leave the decision whether to release any portion of the final report within the sole discretion of the Attorney General. The Independent Counsel statute created a role for Congressional oversight.

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Under the Independent Counsel law, Congress was granted oversight jurisdiction of the Independent Counsel. The Special Counsel regulations do not provide any Congressional oversight of the Independent Counsel investigating the President for potential criminal wrongdoing or for abuse of office considerations.

The law established a mechanism to transmit evidence worthy of an impeachment inquiry. Barr overstepped his authority and undermined the integrity of the Mueller investigation. Under the Independent Counsel law, the Independent Counsel was required to advise the House of Representatives of any substantial and credible evidence that may constitute grounds for an impeachment.

Investigating Nixon and Watergate

The Special Counsel regulations do not have a specific provision under which the Special Counsel transmits to the House of Representatives any evidence that might provide a sufficient basis for initiating an impeachment inquiry. The statute provided a way for people named in the final report to respond. Under the Independent Counsel law , the court could permit individuals named in the final report to see portions of the report so that they could submit comments or clarify factual information.

The comments could be included in an appendix to the report, at the court's discretion.


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This provided a way for individuals to address any concerns about harm to one's reputation in a meaningful way. The Special Counsel regulations do not provide a way for individuals mentioned in the Special Counsel's final report to respond to the Special Counsel's findings or conclusions. The Independent Counsel law provided a means for subjects of the investigation who are not charged with a crime to be reimbursed for reasonable attorney's fees. This site uses cookies to enhance your reading experience.

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United States Department of Justice Office of Special Counsel

By using this site, you consent to our use of cookies. Skip to content Mobile toggle main menu Axios.

White House weighs limiting U. Shannon Vavra May 18, Special Prosecutor Richard Nixon appointed the first U. But there wasn't any law governing that appointment and his subsequent jurisdiction and powers. If Mueller wanted to expand the investigation outside the terms outlined in the letter, for example, he would have to go to Rosenstein.

Independent counsel

Rosenstein said in the statement that "Special Counsel Mueller will have all appropriate resources to conduct a thorough and complete investigation, and I am confident that he will follow the facts, apply the law and reach a just result. Former Attorney General Eric Holder said in a statement on Wednesday that "as long as his character is appropriately defined and he is properly resourced, this is a good move. Trump said in a statement that "As I have stated many times, a thorough investigation will confirm what we already know — there was no collusion between my campaign and any foreign entity.


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Impeachment Inquiry Politics U. Sections U.

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