NCJ Number
116485
Journal
Journal of Criminal Law and Criminology Volume: 79 Issue: 3 Dated: (Fall 1988) Pages: 953-996
Date Published
1988
Length
44 pages
Annotation
This article discusses a recent Supreme Court decision upholding the constitutionality of the independent counsel provision of the Ethics in Government Act.
Abstract
In Morrison v. Olson, the Court held that Articles II and III of the U.S. Constitution were not violated by the appointment and removal procedures of the independent counsel provision. Further, the Court held that the independent counsel scheme did not violate the Constitution's separation of governmental powers doctrine. The article, on the other hand, argues that the independent counsel provisions of the Ethics in Government Act provide insufficient safeguards to ensure that independent counsel are accountable and not abuse their prosecutorial discretion. The article points out that the independent counsel as defined by the statute is susceptible to political subversion and intrudes upon the constitutional responsibilities of the President of the United States. The statute provides no supervision or control for the independent counsel, thus providing no reign on the counsel's pursuit of an indictment. 317 footnotes.