Special prosecutor
Encyclopedia
A special prosecutor generally is a lawyer
from outside the government
appointed by an attorney general
or, in the United States, by Congress
to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have political connections to those it might be asked to investigate. Inherently, this creates a conflict of interest
and a solution is to have someone from outside the department lead the investigation. The term "special prosecutor" may have a variety of meanings from one country to the next, from one government branch to the next within the same country, and within different agencies within each government branch. Critics of the use of special prosecutors argue that these investigators act as a "4th branch" to the government because they are not subject to limitations in spending or have deadlines to meet.
may be appointed/hired particularly or employed generally by different branches of the government to investigate. When appointed/hired particularly by the Judicial Branch to investigate and, if justified, seek indictments in a particular judicial branch case, the attorney is called special prosecutor. When appointed/hired particularly by a governmental branch or agency to investigate alleged misconduct within that branch or agency, the attorney is called independent counsel.
When employed by the state or political subdivision to assist in a particular Judicial Branch case when the public interest so requires, the attorney is called special counsel.
On January 3, 1983, the United States federal government substituted the term independent counsel for special prosecutor. Archibald Cox
was one of the most notable special prosecutors. However, special prosecutor Archibald Cox today would be called independent counsel Archibald Cox in the United States.
The term is sometimes used as a synonym for Independent Counsel
, but under the former law authorizing the Independent Counsel, the appointment was made by a special panel of the United States Court of Appeals
for the District of Columbia Circuit. The Independent Counsels law expired in 1999, and was effectively replaced by Department of Justice
regulation 28 CFR Part 600, under which Special Counsel Patrick Fitzgerald
was appointed to look into the Plame affair
.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
from outside the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
appointed by an attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
or, in the United States, by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have political connections to those it might be asked to investigate. Inherently, this creates a conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
and a solution is to have someone from outside the department lead the investigation. The term "special prosecutor" may have a variety of meanings from one country to the next, from one government branch to the next within the same country, and within different agencies within each government branch. Critics of the use of special prosecutors argue that these investigators act as a "4th branch" to the government because they are not subject to limitations in spending or have deadlines to meet.
Federal government
Attorneys in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
may be appointed/hired particularly or employed generally by different branches of the government to investigate. When appointed/hired particularly by the Judicial Branch to investigate and, if justified, seek indictments in a particular judicial branch case, the attorney is called special prosecutor. When appointed/hired particularly by a governmental branch or agency to investigate alleged misconduct within that branch or agency, the attorney is called independent counsel.
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 . The office was terminated in 1999 and replaced by the U.S...
When employed by the state or political subdivision to assist in a particular Judicial Branch case when the public interest so requires, the attorney is called special counsel.
On January 3, 1983, the United States federal government substituted the term independent counsel for special prosecutor. Archibald Cox
Archibald Cox
Archibald Cox, Jr., was an American lawyer and law professor who served as U.S. Solicitor General under President John F. Kennedy. He became known as the first special prosecutor for the Watergate scandal. During his career, he was a pioneering expert on labor law and also an authority on...
was one of the most notable special prosecutors. However, special prosecutor Archibald Cox today would be called independent counsel Archibald Cox in the United States.
The term is sometimes used as a synonym for Independent Counsel
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 . The office was terminated in 1999 and replaced by the U.S...
, but under the former law authorizing the Independent Counsel, the appointment was made by a special panel of the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
for the District of Columbia Circuit. The Independent Counsels law expired in 1999, and was effectively replaced by Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
regulation 28 CFR Part 600, under which Special Counsel Patrick Fitzgerald
Patrick Fitzgerald
Patrick J. Fitzgerald is the current United States Attorney for the Northern District of Illinois and a member of the U.S. Department of Justice Office of Special Counsel...
was appointed to look into the Plame affair
Plame affair
The Plame Affair involved the identification of Valerie Plame Wilson as a covert Central Intelligence Agency officer. Mrs. Wilson's relationship with the CIA was formerly classified information...
.