Idependent Counsel

[sidwill]

What is the current process by wich an Independent counsel is appointed?

Who makes the decision? Congress, the DOJ, who pulls the trigger?

Finally if an independent counsel is appointed who decides who it is?

[w13rd0]

1. Bush will appoint Kissinger...

...or maybe James Baker...

[Stupdworld]

2. 28 USC 592 governs the appointment of independent counsel

592 (a) (1) states:

a) Conduct of preliminary investigation.
(1) In general. A preliminary investigation conducted under this chapter shall be of such matters as the Attorney General considers appropriate in order to make a determination, under subsection (b) or (c), on whether further investigation is warranted, with respect to each potential violation, or allegation of a violation, of criminal law. The Attorney General shall make such determination not later than 90 days after the preliminary investigation is commenced, except that, in the case of a preliminary investigation commenced after a congressional request under subsection (g), the Attorney General shall make such determination not later than 90 days after the request is received. The Attorney General shall promptly notify the division of the court specified in section 593(a) <28 USCS § 593(a)> of the commencement of such preliminary investigation and the date of such commencement.


therefore AG Ashcroft has the authority to investigate the matter, and his investigation triggers the appointment of independent counsel by the court with controlling jurisdiction, usually the federal district court for washington dc. here are the standards for his request:

c) Determination that further investigation is warranted.
(1) Application for appointment of independent counsel. The Attorney General shall apply to the division of the court for the appointment of an independent counsel if--
(A) the Attorney General, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or
(B) the 90-day period referred to in subsection (a)(1), and any extension granted under subsection (a)(3), have elapsed and the Attorney General has not filed a notification with the division of the court under subsection (b)(1).
In determining under this chapter whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations




So in short its Ashcroft's call as to whether or not an OIC investigation is required. He will then petition the court for an appointment or not.


Of course I think it is obvious he won't call for one. But then once in a while even a blind pig finds a truffle.

[Dudley_DUright]

3. The independent counsel law has lapsed and has not been renewed

by congress. Thus there is now no special court to appoint an IC. However, Ashcroft can appoint a special prosecutor, which is what the dems like Schumer are calling for.

BTW Welcome to DU :hi: :toast:

[Stupdworld]

4. DOH

thwarted by superior legal research! shows how effective I am when I am trying to do this without getting noticed by my Pre-Trial practice professor

[Dudley_DUright]

5. You must be in law school!

I am actually no lawyer at all, but am just a giant newsjunkie (with formal training in physics). It is appreciated that you took the trouble to look up the (now defunct) Independent Council statutes. You will make a fine lawyer as long as you pay attention to the fine print. ;-) Welcome again. I hope you enjoy yourself here as much as I.

[newyawker99]

7. Hi Stupdworld!!

Welcome to DU!! :toast:

[Pepperbelly]

6. The AG (Asscrack) makes the call, just like pre-Watergate.

Remember, the Watergate Prosecutor was hired by the Attorny General, I think it was Elliot Richardson but I could be wrong. That was what the Saturday Night Massacre was about when Nixon wanted the IC fired.