NCJ Number
178090
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 809-833
Date Published
1999
Length
25 pages
Annotation
The Independent Counsel law is discussed with respect to its background, legislative history, provisions, use, and proposals for reform.
Abstract
Congress enacted the Ethics in Government Act in 1978 to promote greater confidence and accountability within the Federal Government following the growing mistrust of government integrity; this mistrust culminated with the resignation of President Nixon. The law has been amended in many ways. The law's nine sections cover all phases of an Independent Counsel investigation from the initial request for investigation by the Attorney General to the Independent Counsel's final report to Congress. The United States Supreme Court upheld the constitutionality of the law in 1988 in Morrison v. Olson. Since the law's enactment, 20 Independent Counsels have investigated varied allegations, ranging from drug use to financial improprieties and abuse of power. Criticisms of investigations focus on their length, cost, and paucity of tangible results. Critics also claim that the law disproportionately emphasizes executive branch transgressions, creates a double standard of justice for public officials by scrutinizing their behavior to a far more rigorous degree than would an ordinary investigation, and lacks sufficient checks on the Independent Counsel's powers, while actually allowing Congress and the President to shirk their investigatory responsibilities. Reform proposals have focused on repealing the law, creating a permanent government agency to investigate executive branch officials, and reforming the current law. Footnotes