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Topic: Independent Counsel Act


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 frontline: secrets of an independent counsel: readings: reno testimony
The reason that I support the concept of an independent counsel with statutory independence is that there is an inherent conflict whenever senior executive branch officials are to be investigated by the department and its appointed head, the attorney general.
The Independent Counsel Act was designed to avoid even the appearance of impropriety in the consideration of allegations of misconduct by high-level executive branch officials and to prevent, as I have said, the actual or perceived conflicts of interest.
Senate Bill 24 proposes also that independent counsels be periodically reappointed by the special division of the court, based on the court's assessment of the status of the investigation.
www.pbs.org /wgbh/pages/frontline/shows/counsel/readings/renotestimony.html   (1722 words)

  
 Independent Counsel Reform Act of 2003 (S. 1712)
When we first introduced the Independent Counsel Reform Act of 1999, I hoped that criminal allegations against officials not covered by the statute could be handled either by the Department of Justice, or, in cases involving high-level officials or other conflicts of interest, through the appointment by the Attorney General of a Special Counsel.
Congressional oversight "(a) Oversight of Conduct of Independent Counsel.-- "(1) Congressional oversight.--The appropriate committees of the Congress shall have oversight jurisdiction with respect to the official conduct of any independent counsel appointed under this chapter, and the independent counsel shall have the duty to cooperate with the exercise of that oversight jurisdiction.
An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures on or before the date that is 90 days after the date on which the office is terminated.
www.fas.org /irp/congress/2003_cr/s1712.html   (5504 words)

  
 INDEPENDENT COUNSEL AUTHORIZATION ACT
The special investigative counsel shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that the person lacked the state of mind required for the violation of criminal law.
In defining the independent counsel's prosecutorial jurisdiction, the panel shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the special investigative counsel has requested the appointment of the independent counsel and all matters related to that subject matter.
An independent counsel whose office is terminated prior to the end of the fiscal year shall prepare a statement of expenditures within 90 days of the date on which the office is terminated.
members.aol.com /DKM1/18.Cp.93.html   (3963 words)

  
 Public Citizen | Litigation Group | Litigation Group - The Independent Counsel Act: What Congress Should Consider In ...
The Independent Counsel Act, 28 U.S.C. 591-599, was enacted in the aftermath of the Watergate scandal, impeachment proceedings in Congress, and the resignation of Richard M. Nixon.
Many have criticized Independent Counsel Starr for waiting as long as he did to refer the Clinton matter to the House of Representatives, and some have suggested that it was inappropriate for Starr to compel the President's Grand Jury appearance before he had referred the inquiry to the House.
The Act recognizes elsewhere the financial hardships that are imposed on "subjects" of Independent Counsel investigations who are not indicted and would not have been investigated in the absence of the Act, and allows them to shift the cost of their attorneys' fees to the government.
www.citizen.org /litigation/briefs/SepPowers/articles.cfm?ID=6340   (7793 words)

  
 AllRefer.com - independent counsel (U.S. Government) - Encyclopedia
The act expired in 1992, but a new independent counsel law was passed in 1994.
The request for an appointment of an independent counsel was made by the attorney general; the counsel was appointed by an independent judicial board.
An independent counsel was used to investigate the Iran-contra affair, Whitewater, and the Lewinsky scandal.
reference.allrefer.com /encyclopedia/I/indpndcou.html   (287 words)

  
 AllPolitics - The Independent Counsel Act - March 27, 1997   (Site not responding. Last check: 2007-10-22)
In defining the independent counsel's prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the Attorney General has requested the appointment of the independent counsel, and all matters related to that subject matter.
An independent counsel may ask the Attorney General or the division of the court to refer to the independent counsel matters related to the independent counsel's prosecutorial jurisdiction, and the Attorney General or the division of the court, as the case may be, may refer such matters.
An independent counsel shall comply with the established policies of the Department of Justice respecting expenditures of funds, except to the extent that compliance would be inconsistent with the purposes of this chapter.
www8.cnn.com /ALLPOLITICS/1997/03/27/indep.counsel.act   (5023 words)

  
 Report and Recommendations for the Project on the Independent Counsel Statute   (Site not responding. Last check: 2007-10-22)
On the bedrock issue of independence, we recommend that the grant of independent authority to special counsel be essentially that provided in the Watergate Special Prosecution Force regulation, as strengthened and carried forward in the Act and the Department of Justice's current independent counsel regulations.
The Act's mechanisms for appointing independent counsel were a novel approach to an old problem, premised on the post-Watergate view that the Attorney General's responsibility to resolve conflicts of interest should be drastically curtailed.
The regulation subsequently established authority for independent counsel who were appointed by the Attorney General during a lapse in the Act, as in the case of the first Whitewater independent counsel, Robert Fiske, or when the Act was otherwise inapplicable.
www.brook.edu /gs/ic/report/rptfull.htm   (12647 words)

  
 Independent Counsel Act   (Site not responding. Last check: 2007-10-22)
The independent counsel act has in effect established a fourth branch of government - called the independent counsel.
As former senator howard baker and former attorney general griffin bell recently reported, an independent counsel is in practice a mini-department of justice -- free of the attorney general’s routine oversight, blessed with nearly unlimited resources, and created solely to prosecute a particular person or persons.
It is worth noting that, according to CRS and the GAO, 13 of the 20 independent counsel investigations launched since the act’s enactment over 20 years ago - costing some $150 million and counting -- have failed to return any indictments.
dodd.senate.gov /press/Releases/99/0223.htm   (551 words)

  
 TAP: Vol 9, Iss. 38. Unchecked and Unbalanced. Cass Sunstein.   (Site not responding. Last check: 2007-10-22)
Investigations under the act deflect attention from serious public issues and focus the attention of Congress, the press, and citizens alike on scandals that are sometimes imaginary and that, even if real, may not deserve the prominence that the possible or actual appointment of an independent prosecutor gives them.
In contrast, an independent counsel who is able to bring a prosecution, or force the resignation of a top official, perhaps the president himself, may not just validate his work but perhaps even go down in history as another Archibald Cox, a true hero of democratic ideals.
The Independent Counsel Act is not the prime source of public cynicism, but it contributes to distrust of government grounded not on an assessment of what policies do, but instead on a perception of pervasive corruption.
www.prospect.org /print/V9/38/sunstein-c.html   (3940 words)

  
 frontline: secrets of an independent counsel: readings: the clock is running out on the independent counsel law
Twenty years later, it comes almost as a shock to recall that the 1978 independent counsel act was intended to take the politics out of politically sensitive prosecutions.
The independent counsel law had been defeated by politics: Where you stood depended on whose ox was being gored.
One result of all this political flip-flopping is that the Starr investigation, controversial as it is, may well prove to be the last of its kind after the independent counsel act expires in June 1999.
www.pbs.org /wgbh/pages/frontline/shows/counsel/readings/clock.html   (1395 words)

  
 The Independent Counsel
There were eight independent counsel investigations of the Reagan administration, during which the Democratic Congress used the statute to undercut the authority of the executive branch.
However, the independent counsel was instructed to investigate a particular individual and find any crimes he or she may have committed, not just the most serious crimes or the crimes he or she was appointed to investigate.
With the expiration of the Independent Counsel Act, the Attorney General is once again responsible for appointing and overseeing special prosecutors to investigate high-level government officials.
www.infoplease.com /spot/indepcounsel1.html   (1745 words)

  
 Testimony: Independent Counsel Act   (Site not responding. Last check: 2007-10-22)
Citing serious flaws in the Independent Counsel Act, ABA President Anderson urged the subcommittee to allow the stature to expire in June.
Specific defects, Anderson said, include the act's failure to ensure accountability of the independent counsel; the investigation and sometimes prosecution of matters that are trivial or innocuous; the danger that open-ended investigations will waste taxpayer money; and the creation of conflicting responsibilities for an independent counsel.
In 1982, 1987 and 1993 the association recommended extensive changes in the law, including limiting the crimes covered, limiting the officials covered, and requiring independent counsels to adhere to the formal prosecutorial guidelines of the Department of Justice.
www.abanet.org /legadv/testimony/indpcoun31099sum.html   (174 words)

  
 Starr opposes Independent Counsel Act - April 14, 1999
WASHINGTON (AllPolitics, April 14) -- Independent Counsel Ken Starr told a Senate committee that the law that gave him his current job is "structurally unsound," "constitutionally dubious" and should not be reauthorized.
Starr told the Senate Governmental Affairs Committee Wednesday morning that the purpose of the Independent Counsel Act was to retain the confidence of the people in government when high government officials are accused of crimes.
Starr said independence can be misread as antagonistic and the Justice Department has no incentives to come to the aid the independent counsel.
www.cnn.com /ALLPOLITICS/stories/1999/04/14/test.top   (834 words)

  
 Independent Counsel Reform Act of 2003
To re-establish and reform the independent counsel statute.
`(ii) all matters that are directly related to the independent counsel's prosecutorial jurisdiction and the proper investigation and prosecution of the subject matter of such jurisdiction.
`(2) involves the exercise of the independent counsel's official duties, regardless of whether the independent counsel is still serving in that office.'.
www.theorator.com /bills108/s1712.html   (5207 words)

  
 House of Delegates | 1999 Midyear Meeting | Recommendations
The operation of the Independent Counsel Act should be mandatory in regard to the President, the Vice-President and the Attorney General.
The Independent Counsel should be required neither to continue an investigation beyond where a typical criminal investigation would extend in order to prepare and file a report, nor to file any report with the Special Division upon the completion of an investigation.
The Independent Counsel should be permitted to file a report with the Special Division when the Independent Counsel believes such a report is necessary to serve the interests of justice.
www.abanet.org /leadership/99myrecs/116a.html   (428 words)

  
 What Should Congress Do About the Independent Counsel Act?
The Independent Counsel Act unconstitutionally gives the attorney general, an appointee of the president, the responsibility to ask a federal court to appoint a special prosecutor for the purpose of investigating a federal official.
Once the act is allowed to expire, according to the AP article, "...such investigations would be handled by the Justice Department.
The attorney general would retain authority to turn an investigation over to a special prosecutor in the manner followed in the Watergate probe of President Nixon." This procedure is even worse than the one specified by the Independent Counsel Act: it passes the entire responsibility for investigating executive branch officials to that branch itself.
www.neusysinc.com /columnarchive/colm0100.html   (505 words)

  
 ipedia.com: United States Office of the Independent Counsel Article   (Site not responding. Last check: 2007-10-22)
United States Office of the Independent Counsel was an independent prosecutor — distinct from the Attorney General of the United States Department of Justice — that provided reports to the...
Independent Counsel Lawrence Walsh relating to the Iran-Contra Affair, 1986-93
Independent Counsels Robert B. Fiske, Jr, Kenneth Starr, and Robert Ray relating to the Whitewater scandal, and later the Monica Lewinsky affair, 1994-99
www.ipedia.com /united_states_office_of_the_independent_counsel.html   (630 words)

  
 Independent counsel law is history   (Site not responding. Last check: 2007-10-22)
Under the act, the attorney general can ask a court to appoint an independent counsel when there is compelling evidence that a senior federal official is guilt of wrongdoing and a Justice Department investigation might give the appearance of a conflict of interest.
But Republicans were displeased with the independent counsel's treatment of the Reagan administration during the Iran-Contra affair and Democrats have accused Starr of abusing his powers in his four-year, $40 million probe of the White House.
Attorney General Janet Reno has sought the appointment of seven independent counsels to investigate Clinton administration officials, but Republicans have criticized her refusal to use the act to look into Clinton's and Vice President Al Gore's possible links to alleged Democratic fund-raising violations.
www.capitolhillblue.com /Feb1999/021599/iclaw021599.htm   (496 words)

  
 Starr: Independent Counsel Act should not be renewed - April 14, 1999   (Site not responding. Last check: 2007-10-22)
WASHINGTON (AllPolitics, April 14) -- Independent Counsel Ken Starr defended his five-year investigation of President Clinton Wednesday but told a Senate committee that the law that gave him his current job is "structurally unsound," "constitutionally dubious" and should not be reauthorized.
Starr told the Senate Governmental Affairs Committee Wednesday that the purpose of the Independent Counsel Act was to retain the confidence of the people in government when high government officials are accused of crimes.
But Democratic Sen. Carl Levin of Michigan, one of the authors of the independent counsel law, said the problem lay not with the law but Starr's investigation.
youth.woodlandpark.org /ALLPOLITICS/stories/1999/04/14/starr   (1277 words)

  
 Corpus Christi Online - / Starr: Independent Counsel Act flawed
WASHINGTON - Independent Counsel Kenneth Starr rebuffed allegations that he abused his office as "completely bogus" on Wednesday but stunned some of his harshest detractors by adopting their disdain for the law that empowered him to investigate the president.
Starr's $40 million investigation and the impeachment trial it prompted was so emotionally charged that some senators have suggested a cooling-off period before a final decision is made on whether to reauthorize the law.
No consensus exists for how to fix what critics say are the statute's flaws - chiefly the lack of a way to hold independent counsels accountable for their tactics and the money they spend.
www.caller2.com /autoconv/newsus99/newsus362.html   (451 words)

  
 INDEPENDENT  COUNSEL   (Site not responding. Last check: 2007-10-22)
The Independent Counsel law expired Wednesday, June 30, 1999.
First passed in 1978, the act was designed to deal with the inherent conflict of interest that an attorney general has in investigating or
Senate Governmental Affairs Committee Chairman Fred Thompson (R-TN) and Ranking Member Joseph Lieberman (D-CT) have held several hearings on the future of the Independent Counsel Act.
www.senate.gov /~gov_affairs/independent_counsel.htm   (80 words)

  
 Iran-contra affair
North said he believed Reagan was largely aware of the secret arrangement, and the independent prosecutor's report (1994) said that Reagan and Bush had some knowledge of the affair or its coverup.
Reagan and Bush both claimed to have been uninformed about the details of the affair, and no evidence was found to link them to any crime.
The Independent Counsel - The life and death of the Independent Counsel Act by Tasha Vincent The man who started it all.
www.infoplease.com /id/A0825447   (694 words)

  
 Congressional Testimony: INDEPENDENT COUNSEL ACT:SAMUEL DASH@ HighBeam Research   (Site not responding. Last check: 2007-10-22)
STATEMENT OF SAMUEL DASH BEFORE THE COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE CONCERNING THE REAUTHORIZATION OF THE INDEPENDENT COUNSEL STATUTE (28 U.S.C. Chairman Thompson, Senator Lieberman and members of the Committee:
I am pleased once again to have the honor to appear before this Committee to testify in favor of the reauthorization of the independent counsel legislation.
As Chairman Thompson and other members of the Committee know, as Chief Counsel of the Senate Watergate Committee, I urged that Committee to make this...
www.highbeam.com /library/doc0.asp?DOCID=1P1:29177981&refid=ip_almanac_hf   (200 words)

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