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View Diary: Dusting off "Inherent Contempt" (282 comments)

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  •  NYT op-ed today on appt of special prosecutor (5+ / 0-)

    in a piece titled, "Prosecution Complex" by NEAL KATYAL
    he says:

    IN 1999, when the Independent Counsel Act (the law that gave Kenneth Starr and Lawrence Walsh their mandates) was expiring, I was given the job of writing the new Justice Department rules for the appointment of a special prosecutor since the department would once again be responsible for overseeing such investigations.

    There was one hypothetical to worry about once the Independent Counsel Act lapsed: a case in which the attorney general herself and her deputy were suspected of possible misconduct. The rules were therefore written to vest the decision about whether to appoint a special prosecutor in the top Justice Department official not embroiled in the controversy.

    He goes on to say:

    The federal courts are not as reluctant to pierce executive secrecy and privilege claims when they are facing requests by prosecutors (as Richard Nixon found out the hard way). Congress, by contrast, would have a difficult time obtaining internal White House testimony, records and e-mail messages.

    Maybe it's time for a special prosecutor via these regulations.  At least it's worth a try.

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