Special Prosecutor

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In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. Other jurisdictions have similar systems. For example, the investigation of an allegation against a sitting president or attorney general might be handled by a special prosecutor rather than by an ordinary prosecutor who would otherwise be in the position of investigating their own superior. Investigations into other persons connected to the government but not in a position of direct authority over the prosecutor, such as cabinet secretaries or election campaigns, have also been handled by special prosecutors. While the most prominent special prosecutors have been those appointed since the 1870s to investigate presidents and those connected to them, the term can also be used to refer to any prosecutor appointed to avoid a conflict of interest or appearance thereof. The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest." Because district attorneys' offices work closely with police, some activists argue that cases of police misconduct at the state and local level should be handled by special prosecutors.

police misconduct local level conflict of interest

References

Mokhiber, Jim. "The Office - A Brief History Of The Independent Counsel Law | Secrets Of An Independent Counsel". Frontline (PBS). https://www.pbs.org/wgbh/pages/frontline/shows/counsel/office/history.html.
"e-CFR: TITLE 28—Judicial Administration" (in en-US). https://www.ecfr.gov/cgi-bin/text-idx?SID=28f9a33cf15632118467b6a4974270e0&mc=true&node=pt28.2.600&rgn=div5. Retrieved March 14, 2017.
"THE WHISKY RING FRAUDS.; THE PROSECUTIONS IN ST. LOUIS. INDICTMENT OF GEN. BABCOCK--LETTER OF THE GRAND JURY TO THE PRESIDENT THANKING HIM FOR THE SUPPORT GIVEN THEM BY HIM--THE SPECIAL COUNSEL--MR. HENDERSON'S CASE. MR. HENDERSON'S ATTACK ON THE PRESIDENT--HE SAYS HE WAS INCORRECTLY REPORTED--THE REPORTED DISPATCH OF SENATOR MORTON." (in en). https://timesmachine.nytimes.com/timesmachine/1875/12/10/79262594.pdf.
"OIC Smaltz: Speeches and Articles: Georgetown Law Journal: A View From Inside". http://govinfo.library.unt.edu/oic/SMALTZ/speeches/GTLJ.htm.
Greenberg, Gerald (2000). Historical Encyclopedia of U.S. Independent Counsel Investigations. Westport, CT: Greenwood Press. pp. 164–166. ISBN 0-313-30735-0. https://archive.org/details/historicalencycl0000unse/page/164.
Bennett, Leslie E.. "A summary of the Teapot Dome scandal from the Brookings Institution". http://academic.brooklyn.cuny.edu/history/johnson/teapotdome.htm.
Greenberg, Gerald (2000). Historical Encyclopedia of U.S. Independent Counsel Investigations. Westport, CT: Greenwood Press. pp. 231–233. ISBN 0-313-30735-0. https://archive.org/details/historicalencycl0000unse/page/231.
Maskell, Jack (June 20, 2013). "Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress". Federation of American Scientists. https://fas.org/sgp/crs/misc/R43112.pdf. Retrieved April 26, 2019.
"Nader v. Bork, 366 F. Supp. 104 (D.D.C. 1973)" (in en). Justia Law. http://law.justia.com/cases/federal/district-courts/FSupp/366/104/1502657/.
Greenberg, Gerald (2000). Historical Encyclopedia of U.S. Independent Counsel Investigations. Westport, CT: Greenwood Press. pp. 293–295. ISBN 0-313-30735-0. OCLC 918095805. https://books.google.com/books?id=qOgCthdaJqIC&pg=PA293#v=twopage&q&f=false.
"The Office - What Is The Special Division? | Secrets of an Independent Counsel". FRONTLINE. PBS. https://www.pbs.org/wgbh/pages/frontline/shows/counsel/office/special.html.
"The Office - Independent Counsel Investigations, 1978 To The Present | Secrets of an Independent Counsel". FRONTLINE. PBS. https://www.pbs.org/wgbh/pages/frontline/shows/counsel/office/chart.html.
"Starr's Chosen Successor Draws Praise, Criticism" (in en-US). Los Angeles Times. From The Washington Post. 1999-10-17. ISSN 0458-3035. http://articles.latimes.com/1999/oct/17/news/mn-23285.
"09-09-99: PRESS CONFERENCE WITH ATTORNEY GENERAL JANET RENO RE: APPOINTMENT OF FORMER SENATOR JOHN DANFORTH TO HEAD WACO PROBE". https://www.justice.gov/archive/ag/speeches/1999/agwaco9999.htm.
"Appointment of Special Prosecutor". Office of Public Affairs. https://www.justice.gov/opa/pr/appointment-special-counsel. Retrieved May 17, 2017.
"28 U.S. Code § 510 - Delegation of authority". https://www.law.cornell.edu/uscode/text/28/510. Retrieved November 8, 2018. "The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General."
"December 30, 2003 Letter from Deputy Attorney General James B. Comey to Patrick J. Fitzgerald". December 30, 2003. https://www.justice.gov/archive/osc/documents/2006_03_17_exhibits_a_d.pdf. Retrieved April 26, 2019.
Black's Law Dictionary (8th ed. 2004) Prosecutor.

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