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Administrative Law Keyed to Funk
Morrison v. Olson
Citation:
487 U.S. 654, 108 S. Ct. 2597, 101 L. Ed. 2D 569 (1988)Facts
In 1982, the House Judiciary Committee began investigating the Justice Department’s role in a controversy over EPA documents that had been withheld from Congress under executive privilege claims. During this investigation, Theodore Olson, then Assistant Attorney General for the Office of Legal Counsel, testified before a House subcommittee. The Committee later concluded that Olson may have given false testimony and requested the Attorney General to seek appointment of an independent counsel under the Ethics in Government Act. After preliminary investigation, the Attorney General requested appointment of an independent counsel to investigate Olson. The Special Division appointed Alexia Morrison as independent counsel with authority to investigate whether Olson’s testimony violated federal law. When Morrison issued subpoenas to Olson and others, they challenged the constitutionality of the independent counsel provisions, arguing they violated separation of powers principles by impermissibly interfering with presidential authority under Article II.
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