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Constitutional Law Keyed to Varat
Morrison v. Olson
Citation:
487 U.S. 654, 108 S.Ct. 2597, 101 L.Ed.2d 569 (1988).Facts
In response to Watergate, Congress enacted the Ethics in Government Act. The Act allowed for the appointment of an independent counsel to investigate high ranking government officials. If the Attorney General suspected a high ranking government official of violating a federal criminal law, the Act required him to investigate. If he determined that further investigation or a potential prosecution was warranted, he would report to the court created by the Act (the Special Division) for the court to appoint independent counsel. The Act authorized the independent counsel to “exercise all investigative and prosecutorial functions and powers of the Department of Justice [and] the Attorney General. . . .” The Act provided for congressional oversight, requiring the independent counsel to intermittently report his activities to Congress. The independent counsel was to be removed only by the Attorney General and “only for good cause.” Otherwise, the independent counsel’s tenure was to last until his investigation was complete. If the Special Division concluded that the investigation was complete, they too could terminate the office.
Olson, the Assistant Attorney General for the Office of Legal Counsel, had given false and misleading testimony before Congress. Pursuant to the Act, the Attorney General initiated an investigation which led to the Special Division’s appointment of Morrison as independent counsel. Olson alleged that the appointment of independent counsel violated the Constitution.
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