Special counsel

Understanding the Role of a Special Counsel

Imagine a scenario where a government official is suspected of wrongdoing, but the regular legal team cannot investigate due to potential conflicts of interest. This is where the concept of a special counsel comes into play. A special counsel is essentially a lawyer appointed to look into these cases and potentially bring charges against those involved.

The Evolution of Special Counsel Appointments

When did this practice start? The idea of appointing special prosecutors dates back to the early days of American history. For instance, Ulysses Grant appointed John B. Henderson in 1875 to investigate a case where regular attorneys couldn’t be impartial due to their connections.

The Watergate Era and Beyond

During the Watergate scandal, the term ‘special prosecutor’ was used, but after 1983, it evolved into ‘independent counsel.’ This change came with the Ethics in Government Act of 1978. The act established rules for appointing special prosecutors and ensured that these individuals would be independent from the executive branch.

The Appointment Process

So, how exactly is a special counsel appointed? Typically, it starts with a request from majorities within the House or Senate Judiciary Committee. Once approved, the decision on who gets the job remains with the Attorney General. However, in practice, this process can be influenced by external pressures, as seen during the Watergate era when senators secured a promise from Attorney General nominee Elliott Richardson to appoint Archibald Cox.

Key Players and Their Roles

The Attorney General plays a crucial role in appointing special counsels. They set the jurisdiction for these investigations and choose individuals outside of the US government to handle them. Once appointed, the special counsel selects their team from outside the government as well.

Termination and Accountability

Special counsels can be removed by the Attorney General if there is misconduct or other good cause. However, the current regulations require that any termination must be done with a specific written reason provided to the special counsel. This ensures transparency and accountability in the process.

The Role of Legislative and Judicial Branches

While the appointment of a special counsel falls under the purview of the executive branch, both the legislative and judicial branches have their roles to play. Congress can use its powers to pressure an administration into appointing a special counsel, as seen in the Watergate scandal. Additionally, Congress has the authority to conduct hearings to oversee government operations.

State-Level Special Prosecutors

In state courts, the appointment of special prosecutors is more frequent and often occurs when there’s a conflict of interest or to avoid even the appearance of one. These individuals are appointed by judges, government officials, organizations, companies, or groups of citizens to investigate and prosecute violations of law committed by governmental agents.

Conclusion

In essence, special counsels serve as a critical check on power within the government, ensuring that even those in high positions can be held accountable for their actions. Whether it’s at the federal or state level, these appointments play a vital role in maintaining the integrity of our legal system and upholding the rule of law.