Special counsels, like the one leading the Justice Department's investigation of Hunter Biden, are intended to be independent − but they aren't entirely
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星期四, 八月 31, 2023
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On July 26, the plea agreement was challenged by the judge in the case.
Key Points:
- On July 26, the plea agreement was challenged by the judge in the case.
- She wanted to know more about any immunity being offered, given that Hunter Biden is under several federal investigations.
- From my perspective as a political scientist, I believe that while special counsels are intended to be independent, in practice they aren’t entirely.
Independent and special counsels
- President Richard Nixon did this during the investigation of the Watergate break-in, which threatened to implicate him in criminal acts.
- On the evening of Oct. 20, 1973, Nixon ordered Attorney General Elliot Richardson to fire Archibald Cox, whom Richardson had appointed to lead the Watergate investigation.
- After passage of this legislation, if the attorney general received “specific information” alleging that the president, vice president or other high-ranking executive branch officials had committed a serious federal offense, the attorney general would ask a special three-judge panel to appoint an independent counsel, who would investigate.
- That year, then-Attorney General Janet Reno authorized the appointment of special counsels, who could investigate certain sensitive matters, similar to the way independent counsels operated.
- In 2020, John Durham – another veteran of the Justice Department – was appointed as special counsel to investigate the origins of the investigation that triggered Mueller’s appointment.
Politicizing the process
- For instance, while special counsels operate independently of the attorney general, both their appointment and the scope of their investigations are determined by the attorney general.
- In contrast, the appointment of independent counsels and the scope of their investigations were determined by a three-judge panel, which in turn was appointed by the chief justice of the United States.
- Also, since Congress authorized independent counsels, presidential influence was limited by law.
- Sessions was later replaced by William Barr, who previously served as attorney general under President George H.W.
To be or not to be free of partisanship
- The independence of the Justice Department rests, in part, on who occupies the offices of president and attorney general.
- The second, Robert Hur, is overseeing President Joe Biden’s handling of classified documents after leaving office as vice president in 2017.
- As a result, the perception of political prosecution can be hard to avoid.
- This is an updated version of an article published Jan. 13, 2023, which was an updated version of an article originally published Dec. 14, 2022.