Constitutional Law Keyed to Chemerinsky
Alexia Morrison, Independent Counsel v. Theodore B. Olson
The Ethics in Government Act (the Act) created the position of independent counsel to investigate high-ranking officials for federal criminal violations. If the Attorney General receives information that a government official may have violated federal law, he is required by the Act to make a preliminary investigation and report to the Special Division (three judges) of the D.C. Circuit Court of Appeals. If further investigation is needed, the Special Division must appoint an independent counsel to investigate further and prosecute if necessary. The Independent Counsel can only be removed by the Attorney General for “good cause” or it terminates when all investigations and prosecutions are complete. The Appellees, Theodore B. Olson, Edward C. Schmults and Carol E. Dinkins (Defendants), was the subject of an investigation by the Independent Counsel and Appellant, Alexia Morrison (Appellant). The Court of Appeals held the Act was unconstitutional.
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