SPECIAL COUNSEL (Syllabus: GS Paper 2 - IR)

• Context: A judge dismissed the criminal case against the former President of the USA, citing concerns over the special counsel's appointment.

Special Counsel

• About: A special counsel, previously known as a Special Prosecutor or Independent Counsel, investigates cases of suspected misconduct, particularly when regular prosecutorial agencies face conflicts of interest, ensuring impartiality.
• Function: They handle sensitive matters involving top government officials or significant issues, aiming to conduct unbiased investigations free from external influence.
• Historical Context: The role emerged prominently post-Watergate, exemplified by Archibald Cox's appointment, highlighting the need for independent scrutiny in high-profile cases.
• Legal Framework: Governed by statutes like the Appointments Clause and various federal laws, special counsels operate under a framework ensuring autonomy within defined limits, overseen by the Attorney General.

Forms the Basis of Special Counsels Powers

• Statutory Authority: Derived from federal laws such as the Civil Service Reform Act and the Whistleblower Protection Act, which safeguard federal employees and provide mechanisms for addressing misconduct.
• Constitutional Framework: Selection of special counsels adheres to the US Constitution’s Appointments Clause, allowing department heads like the Attorney General to appoint them as "junior officers" without Senate approval.
• Reporting: Special counsels conclude their investigations autonomously and submit confidential reports to the Attorney General, preserving the integrity and confidentiality of their findings.