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Administrative Law Keyed to Mawshaw
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 subpoenaed EPA documents related to the enforcement of the Superfund Law. The President, on advice from the Justice Department including Olson, ordered the EPA Administrator to withhold certain documents under executive privilege. After a contentious dispute that eventually resolved, the House Judiciary Committee investigated the Justice Department’s role in the controversy. The Committee concluded that Olson had given false testimony about the Department’s role and requested that the Attorney General seek appointment of an independent counsel. Following a preliminary investigation, the Attorney General requested the Special Division to appoint an independent counsel to investigate Olson. Morrison was appointed and issued subpoenas to Olson, who challenged the constitutionality of the independent counsel provisions. The case ultimately reached the Supreme Court on the question of whether the independent counsel provisions violated constitutional principles of separation of powers.
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