United States Office of the Independent Counsel

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 Congress under Title 28 of the United States Code, Section 595.

In 1978, a Democratic Congress determined to curb the powers of the President and other senior executive branch officials due in part to the Watergate scandal and related events such as the Saturday Night Massacre. They drafted the Ethics in Government Act, creating a special prosecutor (later changed to Independent Counsel) position, which could be used by Congress or the Attorney General to investigate individuals holding or formerly holding certain high positions in the federal government and in national Presidential election campaign organizations.

The prosecutor, who was appointed by a special panel of the Federal DC appeals court, could investigate allegations of any misconduct, with an unlimited budget and no deadline, and could only be dismissed by the Attorney General or a panel of three federal judges. As the president could not dismiss those investigating the executive branch it was felt that the independence of the office would insure impartiality of any reports presented to Congress. However, there have been many critics of this law including Supreme Court Justice Antonin Scalia. Many argued the new Independent Counsel's office was a sort of "fourth branch" of government that had virtually unlimited powers and was answerable to no one. However, the constitutionality of the new office was ultimately upheld in the 1988 Supreme Court case Morrison v. Olson.

Previously under the Independent Counsel Reauthorization Act of 1994 United States Attorney General Janet Reno had Donald C. Smaltz appointed Independent Counsel by the United States Court of Appeals for the District of Columbia (Division for the Purpose of Appointing Independent Counsels Ethics in Government Act of 1978, As Amended, Division 94-2) on September 9, 1994, to "investigate to the maximum extent authorized by law" whether the US Department of Agriculture Secretary Mike Espy "committed a violation of any federal criminal law . . . relating in any way to the acceptance of gifts by him from organizations or individuals with business pending before the Department of Agriculture." Smaltz was also given jurisdiction to investigate "other allegations or evidence of violations of any federal criminal law by organizations or individuals developed during the course of the investigation of Secretary Espy and connected with or arising out of that investigation."

The most famous Independent Counsel was Kenneth Starr, whose report led to the impeachment of President Bill Clinton. The most recently appointed and now dormant Office of the Independent Counsel was created to investigate the Whitewater and Monica Lewinsky scandals, among other prosecutions.

The Office of the Independent Counsel is not to be confused with the U.S. Office of Special Counsel (OSC) which is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority come from three federal statutes, the Civil Service Reform Act, the Whistleblower Protection Act, and the Hatch Act.

History of the Office

• Originally created by the Independent Counsel Act (1978) and the Ethics in Government Act Amendments of 1982 (96 Stat. 2039), January 3, 1983
• Reauthorized for five years by the Independent Counsel Reauthorization Act of 1987 (101 Stat. 1293), December 15, 1987
• Lapsed, December 15, 1992, by failure of reauthorization
• Reinstituted by the Independent Counsel Reauthorization Act of 1994 (PL 103-270), June 30, 1994
• Expired at midnight on September 11, 2001

Investigations carried out by Independent Counsel

• Independent Counsel Leon Silverman relating to Raymond Donovan, 1981-84
• Independent Counsel Jacob A. Stein relating to Edwin Meese III, 1984
• Independent Counsel Whitney North Seymour, Jr. relating to Michael Deaver, 1981-89
• Independent Counsel Alexia Morrison relating to Theodore Olson, 1986-88
• Independent Counsel James C. McKay relating to Franklin Nofziger and Edwin Meese III, 1984-89
• Independent Counsel Lawrence Walsh relating to the Iran-Contra Affair, 1986-94
• Independent Counsels Arlin Adams and Larry Thompson relating to Samuel Pierce and others associated with the U.S. Department of Housing and Urban Development, 1988-98
• Independent Counsel Joseph DiGenova relating to improper search of passport records, 1992-95
• Independent Counsel David Barrett (prosecutor) relating to Henry Cisneros, 1995-1999
• Independent Counsel Curtis Emery von Kann relating to Eli J. Segal, 1996-98
• Independent Counsels Kenneth Starr, and Robert Ray relating to the Whitewater scandal, and later the Monica Lewinsky affair, 1994-2001

External links

• Final Report of the Independent Counsel (March 2002) (http://icreport.access.gpo.gov/lewinsky.html)
• Final Report of Independent Counsel Starr (http://icreport.access.gpo.gov)
• IC Starr's Referral Report to Congress (September 9, 1998) (http://icreport.access.gpo.gov/report/2toc.htm)
• Report of Independent Counsel Smaltz (October 2001) (http://www.oic.gov/SMALTZ/FnlRpt.htm)
• NARA Archives of the Independent Counsels (http://www.archives.gov/research_room/independent_counsel_records/counsel_records_index.html)