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Administrative Law Keyed to Asimow
Morrison v. Olson
Citation:
487 U.S. 654, 108 S. Ct. 2597, 101 L. Ed. 2D 569 (1988)Facts
In 1982, a dispute arose between Congress and the Executive Branch when the EPA refused to provide certain documents to congressional subcommittees, claiming executive privilege. Olson, as Assistant Attorney General for the Office of Legal Counsel, advised the President on this matter and later testified before Congress about it. In 1985, the House Judiciary Committee published a report suggesting Olson had given false testimony. The Attorney General, following a preliminary investigation, requested appointment of an independent counsel to investigate Olson. The Special Division appointed Morrison as independent counsel with authority to investigate whether Olson’s testimony violated federal law. When Morrison issued subpoenas to Olson, he refused to comply, challenging the constitutionality of the independent counsel provisions. The case ultimately reached the Supreme Court on the question of whether these provisions violated constitutional principles of separation of powers.
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