TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 5 P43

Gale Encyclopedia of American Law Volume 5 P43 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 408 INDEPENDENT COUNSEL general decided whether independent counsel should be appointed by the panel an investigation could be influenced by the executive branch. An attorney general might have been reluctant to recommend the prosecution of a political ally. However if enough sources exerted sufficient pressure the attorney general could be forced to avoid the appearance of favoritism by requesting the appointment of independent counsel. The appointment of independent counsel was often politically charged in large part because independent counsel investigated executive branch officials and their political operatives. When politicians are investigated an invariable response is that the investigation is politically motivated. Nevertheless most politicians considered independent counsel to be crucial to conveying at least the appearance of propriety in the executive branch. The danger of independent counsel is that they may be called for on a regular basis by politicians who are opposed to the president for the sole purpose of demoralizing the executive branch and gaining an electoral advantage. Once appointed independent counsel could proceed as any other prosecutor. Counsel filed criminal charges in the . District Court for the District of Columbia and had the power to subpoena witnesses and to grant immunity to witnesses. Under the Ethics Act only the attorney general could fire independent counsel. Independent counsel could be dismissed only for good cause or because a physical or mental condition prevented counsel from performing the position s duties. Dismissed independent counsel had the right to appeal to the . District Court for the District of Columbia. The first government officials investigated under the new Ethics Act were two officials in the administration of President jimmy carter. After investigating allegations of drug use and conflict of interest the independent counsel declined to file criminal charges. In May 1986 an official in the .

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