What are independent counsels?

Asked by: Max Zboncak Jr.  |  Last update: September 18, 2025
Score: 4.1/5 (3 votes)

independent counsel, Official appointed by the court at the request of the U.S. attorney general to investigate and prosecute criminal violations by high government officials, members of Congress, or directors of a presidential election campaign after an investigation by the attorney general finds evidence that a crime ...

What is the difference between special and independent counsel?

Independent counsel lead investigations into presidents and other people in government and positions of power. However, special counsel is appointed by Attorney Generals or the Acting Attorney General in which the Attorney General has been recused.

Does independent counsel still exist?

After the expiration of the Ethics in Government Act in 1999, the Office of Independent Counsel was replaced with the Office of Special Counsel, defined by regulation 28 CFR 600, which in turn is based on congressional statute 28 USC 510.

Who appoints an independent counsel?

The division of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner.

Is independent counsel an inferior officer?

Morrison, 487 U.S. at 671. The Court concluded that the independent counsel was an inferior officer because the independent counsel (1) was removable by the Attorney General for cause; (2) had a limited scope of duties; (3) possessed limited jurisdiction; and (4) was limited in tenure. Id.

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18 related questions found

What is the independent counsel?

independent counsel, Official appointed by the court at the request of the U.S. attorney general to investigate and prosecute criminal violations by high government officials, members of Congress, or directors of a presidential election campaign after an investigation by the attorney general finds evidence that a crime ...

Can the President remove a principal officer?

The holding in Myers boils down to the proposition that the Constitution endows the President with an illimitable power to remove all officers in whose appointment he has participated, with the exception of federal judges.

Is independent counsel constitutional?

The Independent Counsel Act is constitutional, as it does not increase the power of the judiciary or legislative branches at the expense of the executive branch.

What is an independent lawyer called?

In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority.

Does AG have to be confirmed?

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

What does OSC mean?

O.S.C. is an abbreviation for order to show cause , a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief .

Can you be your own counsel?

While you have the right to represent yourself in court, doing so is generally not a good idea. This is because the law is complex, and the consequences of a conviction are severe. An experienced attorney will know how to navigate the legal system, build a strong defense, and protect your rights.

Is of counsel higher than senior counsel?

Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept.

When did the independent counsel statute expire?

The independent counsel statute expired on June 30, 1999. The new Justice Department rules eliminate the complex statutory requirements of the Ethics in Government Act described here, and grant the Attorney General far more discretion in deciding whether to appoint an outside prosecutor.

What does independent counsel mean in law?

: an official appointed by the court at the request of the U.S. Attorney General to investigate and prosecute criminal violations by high government officials, members of Congress, or directors of a presidential reelection campaign after a preliminary investigation by the Attorney General finds specific and credible ...

What type of lawyer does not go to court?

Several types of lawyers primarily work outside of the courtroom, such as corporate lawyers, transactional lawyers, and legal consultants. These roles involve tasks such as contract drafting, negotiations, and legal research, which may be better suited for individuals with anxiety about appearing in court.

Which type of lawyer is best?

11 of the highest-paying lawyers
  • Civil litigation attorney. ...
  • Real estate attorney. ...
  • Intellectual property attorney. ...
  • Bankruptcy lawyer. ...
  • Family lawyer. ...
  • Tax attorney. ...
  • Corporate attorney. ...
  • Patent attorney.

Do you believe the independent counsel law violates the separation of powers?

The District Court ruled against Olson, but the Court of Appeals struck down the Independent Counsel Act, finding that it violated the separation of powers principle and the appointments clause of the Constitution.

What does it mean to be an independent court of law?

Judicial independence means that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law. An independent judge can assure that your case will be decided according to the law and the facts and not a shifting political climate.

Is being a lawyer independent?

Independence

After earning a certain level of experience, recognition and success in their careers, lawyers can become independent practitioners and start their own legal firms. Having access to this type of career independence is a distinct advantage afforded to lawyers.

Can a President fire his vice president?

The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives, which impeaches the vice president by approving articles of impeachment through a simple majority vote.

Who can override the governor?

If the Governor vetoes the bill, a two-thirds vote in each house is needed to override the veto.

Does the military have to listen to the President?

Most people assume that the president oversees the military in the United States. As commander in chief of the U.S. Armed Forces, the president has broad authority to make decisions that affect the military branches, especially during wartime, including determining troop movements and developing strategies for combat.