NCJ Number
137753
Date Published
1992
Length
280 pages
Annotation
The role of special prosecutors is examined within the framework of the separation of powers in an effort to understand the way in which the Office of the Special Prosecutor, created by Congress in 1978, has interacted with other actors in the American political and legal system. Data for this study were obtained through documentary evidence available from special prosecutor investigations as well as interviews with 50 people involved in the independent counsel process including special prosecutors, their staffs, congressional staffs, interest group representatives, defense attorneys, judges, and Department of Justice officials.
Abstract
This book focuses on the symbolic, constitutional, and political dimensions of the Office of the Special Prosecutor. Prior to 1978, three executive branch scandals, including the 1950's tax scandals, the Teapot Dome, and Watergate, led to the appointment of ad hoc special prosecutors. One of the legacies of Watergate was the passage of the Independent Counsel Provisions of the Ethics in Government Act. The author examines the constitutionality of the special prosecutor, the potential conflict of interest with the Attorney General, and the special prosecutor's accountability and independence. The use of independent counsel in some more recent scandals, including the Oliver North, Edwin Meese, and Hamilton Jordan cases is discussed.