Become part of the movement for unbiased, accessible election information. Donate today.
Special prosecutor
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
- ↑ Frontline, "A Brief History of the Independent Counsel Law," accessed May 17, 2017
- ↑ The Fiscal Times, "Special Prosecutor? Independent Counsel? Special Counsel? What’s the Difference?" accessed May 17, 2017
- ↑ Dayton Daily News, "What is a special prosecutor; who appoints one; what do they do?" accessed May 17, 2017
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ PBS, "The ‘special prosecutor’ Democrats want no longer exists," accessed May 17, 2017
| |||||||
