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Special prosecutor

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Special prosecutor Kenneth Starr testifies at an impeachment hearing for President Bill Clinton in 1998.

In the U.S. federal government, special prosecutor was a term for an independent prosecutor recommended by the U.S. attorney general and appointed by a three-judge panel when members of the executive branch faced specific charges of misconduct. The role of special prosecutor was eliminated when the law that provided for special prosecutors, the Ethics in Government Act of 1978, expired in 1999.[1]

As of May 2017, the preferred term for a prosecutor conducting an independent investigation of government officials is special counsel.[2] According to the Code of Federal Regulations, a special counsel is described in the following terms:[3]

An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decision making, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.[4]

According to a report from PBS Newshour, a special counsel has less freedom in his or her investigation than would a special prosecutor. The scope of a special counsel's jurisdiction is determined by the attorney general, and compared to the law that expired in 1999, the attorney general has greater influence over a special counsel's investigation. Additionally, a special counsel's investigation "could be curtailed or stopped altogether at any time" by the president.[5]

See also

External links

Frontline's history of independent counsel laws

Footnotes