Course: Introduction
An independent counsel is a lawyer appointed by the federal government to investigate allegations of wrongdoing by a government official.
An independent counsel is a lawyer who is appointed by the federal government to investigate allegations of wrongdoing by a government official. The role of an independent counsel is to investigate and, if necessary, prosecute government officials who are suspected of violating federal laws or engaging in misconduct while in office.
The appointment of these lawyers is typically made by the Attorney General of the United States or by a three-judge panel of the federal court. The appointment is made in cases where there is a conflict of interest or where the normal channels of investigation would not be sufficient to investigate the alleged wrongdoing.
Once appointed, the counsel has broad authority to investigate the allegations and to bring charges if warranted. The counsel is also given the resources necessary to conduct a thorough investigation, including access to government documents and personnel.
The use of independent counsels has been controversial at times, with critics arguing that they are unnecessary and can be politically motivated. Supporters of this system, however, argue that they are necessary to ensure that government officials are held accountable for their actions and to prevent corruption and misconduct in government.
The most famous example of an independent counsel investigation was the investigation into President Bill Clinton in the late 1990s. The investigation was led by independent counsel Kenneth Starr, who was appointed to investigate allegations of perjury and obstruction of justice in connection with Clinton’s affair with Monica Lewinsky.
The investigation ultimately led to Clinton’s impeachment by the House of Representatives, although he was acquitted by the Senate. The use of an independent counsel, in this case, was controversial, with some arguing that it was politically motivated and that it represented an overreach of government power.
Despite the controversy surrounding independent counsels, they continue to be used in certain circumstances to investigate allegations of wrongdoing by government officials. The use of independent counsel is typically reserved for cases where there is a significant conflict of interest or where there are allegations of serious wrongdoing that cannot be investigated through normal channels.
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Last Modified: 04/15/2023