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Legislation and Regulation Keyed to Manning, 5th Ed.
Morrison v. Olson
Citation:
487 U.S. 654, 108 S. Ct. 2597, 101 L. Ed. 2D 569 (1988)Facts
In 1982, the House of Representatives attempted to obtain documents from the EPA regarding its enforcement of the “Superfund Law.” The Reagan administration asserted executive privilege over certain documents, leading to a conflict between the branches. During this dispute, Theodore Olson, then Assistant Attorney General for the Office of Legal Counsel, testified before a House subcommittee. After the dispute was resolved, the House Judiciary Committee published a report suggesting Olson had given false testimony. Following the Ethics in Government Act, the Committee requested the Attorney General to appoint an independent counsel to investigate. 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, he challenged the constitutionality of the independent counsel provisions, arguing they violated separation of powers principles and the Appointments Clause.
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