Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

spanone

(135,844 posts)
Fri Jun 29, 2018, 09:26 AM Jun 2018

If you watched the house interrogating Rosenstein & Wray yesterday, you saw Obstruction of Justice

in full bloom.

This is an Independent Counsel investigation.

Legal Definition of independent counsel

: an official appointed by the court at the request of the U.S. Attorney General to investigate and prosecute criminal violations by high government officials, members of Congress, or directors of a presidential reelection campaign after a preliminary investigation by the Attorney General finds specific and credible evidence that a crime may have been committed

NOTE: The use of an independent counsel was codified in the Ethics in Government Act of 1978 and is designed to ensure an impartial investigation (as when the Attorney General would face a conflict of interest). The independent counsel was formally called a special prosecutor until 1983.

3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
If you watched the house interrogating Rosenstein & Wray yesterday, you saw Obstruction of Justice (Original Post) spanone Jun 2018 OP
mueller is "special counsel". he is an independent prosecutor, but not an "independent counsel". unblock Jun 2018 #1
... spanone Jun 2018 #2
there are nevertheless some key differences. unblock Jun 2018 #3

unblock

(52,253 posts)
1. mueller is "special counsel". he is an independent prosecutor, but not an "independent counsel".
Fri Jun 29, 2018, 10:29 AM
Jun 2018

the independent counsel statute expired in 1999.

spanone

(135,844 posts)
2. ...
Fri Jun 29, 2018, 11:02 AM
Jun 2018


The terms 'special prosecutor', 'independent counsel', and 'special counsel' have the same fundamental meaning, and their use (at least at the federal level in the U.S.) is generally differentiated by the time period to which they are being applied. The term 'special prosecutor' was used throughout the Watergate era, but was replaced by the less confrontational 'independent counsel' in the 1983 reauthorization of the Ethics in Government Act.[5] Those appointed under that act after 1983 are generally referred to as 'independent counsels'. Since the independent counsel law expired in 1999, the term 'special counsel' has been used. This is the term used in the current U.S. government regulations concerning the appointment of special counsels.[6]

While the term 'special prosecutor' is sometimes used in historical discussions of such figures before 1983, the term 'special counsel' appears to have been frequently used as well, including, for example, in contemporary newspaper accounts[7] describing the first presidentially-appointed special counsel in 1875.

https://en.wikipedia.org/wiki/Special_prosecutor

unblock

(52,253 posts)
3. there are nevertheless some key differences.
Fri Jun 29, 2018, 11:38 AM
Jun 2018

most notably, i think, is that mueller can be fired. not directly by donnie, but by the attorney general (or rosenstein in this case where sessions has recused himself).

i don't think the old "independent counsel" could be fired, at least not in such a "simple" manner.

Latest Discussions»General Discussion»If you watched the house ...