Independent Counsel
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| Independent Counsel | |
|---|---|
| Term | Independent Counsel |
| Area | United States |
| Created | Ethics in Government Act of 1978 |
| Abolished | Department of Justice Appropriation Act of 1999 |
Independent Counsel is a former position in the United States Department of Justice that was established by the Ethics in Government Act of 1978 to investigate and prosecute high-ranking United States government officials, including the President of the United States, Vice President of the United States, and other senior officials, such as the Attorney General of the United States and the Director of the Federal Bureau of Investigation. The Independent Counsel was designed to be a neutral and impartial investigator, free from the influence of the Executive branch of the United States government, with the power to investigate and prosecute crimes, including those related to Watergate and the Iran-Contra affair. The Independent Counsel was often compared to the Special Counsel, which was established by the Department of Justice to investigate and prosecute specific crimes, such as those related to the Whitewater controversy and the Monica Lewinsky scandal, involving figures like Bill Clinton, Hillary Clinton, and Ken Starr.
Definition and legal basis
The Independent Counsel was defined as a special prosecutor appointed by a three-judge panel, known as the Special Division, to investigate and prosecute crimes committed by high-ranking government officials, including those related to Bert Lance, Hamilton Jordan, and Caspar Weinberger. The legal basis for the Independent Counsel was established by the Ethics in Government Act of 1978, which was signed into law by President Jimmy Carter and was designed to restore public confidence in the government after the Watergate scandal, which involved figures like Richard Nixon, John Dean, and H.R. Haldeman. The Act gave the Independent Counsel broad powers to investigate and prosecute crimes, including the power to subpoena witnesses, such as John Mitchell and H.R. Haldeman, and to grant immunity to witnesses, such as John Dean and Charles Colson. The Independent Counsel was also given the power to prosecute crimes in any United States district court, including the United States District Court for the District of Columbia, which heard cases related to the Iran-Contra affair and the Whitewater controversy, involving figures like Oliver North, John Poindexter, and Webster Hubbell.
Historical development
The concept of the Independent Counsel has its roots in the Watergate scandal, which led to the resignation of President Richard Nixon and the establishment of the Special Prosecution Force, led by Archibald Cox and later Leon Jaworski. The Independent Counsel was established by the Ethics in Government Act of 1978, which was designed to provide a mechanism for investigating and prosecuting high-ranking government officials, including those involved in the Iran-Contra affair, which implicated figures like Ronald Reagan, George H.W. Bush, and Caspar Weinberger. The Independent Counsel was used to investigate a number of high-profile cases, including the Whitewater controversy, which involved Bill Clinton and Hillary Clinton, and the Monica Lewinsky scandal, which involved Bill Clinton and Ken Starr. The Independent Counsel was also used to investigate cases related to savings and loan crisis, which involved figures like Charles Keating and Lincoln Savings and Loan Association, and the BCCI scandal, which involved figures like Clark Clifford and Robert Altman.
Appointment and removal process
The Independent Counsel was appointed by a three-judge panel, known as the Special Division, which was established by the Ethics in Government Act of 1978. The Special Division was composed of three judges, who were appointed by the Chief Justice of the United States, and was responsible for appointing the Independent Counsel and defining the scope of the investigation, which could involve figures like Attorneys General Edwin Meese and Dick Thornburgh. The Independent Counsel could be removed by the Attorney General of the United States, but only for "good cause", such as misconduct or incapacity, and with the approval of the Special Division, which was involved in cases related to Oliver North and John Poindexter. The Independent Counsel had a significant amount of independence and autonomy, and was not subject to the direct supervision of the Attorney General of the United States or the Department of Justice, which was involved in cases related to Webster Hubbell and Vincent Foster.
Notable investigations and controversies
The Independent Counsel was involved in a number of high-profile investigations and controversies, including the Whitewater controversy, which involved Bill Clinton and Hillary Clinton, and the Monica Lewinsky scandal, which involved Bill Clinton and Ken Starr. The Independent Counsel also investigated cases related to the Iran-Contra affair, which implicated figures like Ronald Reagan, George H.W. Bush, and Caspar Weinberger, and the savings and loan crisis, which involved figures like Charles Keating and Lincoln Savings and Loan Association. The Independent Counsel was also involved in controversies related to the FBI and the CIA, including the Iran-Contra affair and the Aldrich Ames case, which involved figures like Robert Hanssen and Aldrich Ames. The Independent Counsel was criticized for its handling of certain cases, including the Vincent Foster case, which involved figures like Bill Clinton and Hillary Clinton, and the Webster Hubbell case, which involved figures like Webster Hubbell and Vince Foster.
Comparison with special counsel
The Independent Counsel is often compared to the Special Counsel, which is a similar position established by the Department of Justice to investigate and prosecute specific crimes, such as those related to the Russia investigation and the Mueller Report, which involved figures like Robert Mueller, Donald Trump, and Jeff Sessions. The main difference between the Independent Counsel and the Special Counsel is that the Independent Counsel was appointed by a three-judge panel, while the Special Counsel is appointed by the Attorney General of the United States or the Deputy Attorney General of the United States, such as Rod Rosenstein. The Independent Counsel also had more independence and autonomy than the Special Counsel, and was not subject to the direct supervision of the Attorney General of the United States or the Department of Justice, which was involved in cases related to James Comey and Andrew McCabe.
Impact and legacy
The Independent Counsel had a significant impact on the United States government and the United States Department of Justice, and was involved in a number of high-profile cases, including the Whitewater controversy and the Monica Lewinsky scandal, which involved figures like Bill Clinton, Hillary Clinton, and Ken Starr. The Independent Counsel was also involved in cases related to the Iran-Contra affair and the savings and loan crisis, which implicated figures like Ronald Reagan, George H.W. Bush, and Caspar Weinberger. The Independent Counsel was abolished by the Department of Justice Appropriation Act of 1999, which was signed into law by President Bill Clinton, but its legacy continues to be felt in the United States government and the United States Department of Justice, which is involved in cases related to Robert Mueller, Donald Trump, and Jeff Sessions. The Independent Counsel's impact can also be seen in the establishment of the Special Counsel position, which was established by the Department of Justice to investigate and prosecute specific crimes, such as those related to the Russia investigation and the Mueller Report, involving figures like Robert Mueller, Donald Trump, and Vladimir Putin.