TestimonyAttorney General’s one-of-a-kind Counsel RegulationsDick Thornburgh, note H. Tuohey III, and also Michael DavidsonWednesday, September 15, 1999

Mr. Chairman, Representative Nadler, and Members of the Committee:

We appreciate your invite to appear before this committee as it considers the one-of-a-kind counsel regulations the were authorize by the Attorney general on June 30 to replace procedures which expired with the sunset that day that the live independence Counsel Act.

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Earlier this year us participated in a bipartisan project, which was chaired by previous Senate leaders Bob Dole and also George Mitchell and assisted by the American companies Institute and The znjke.com Institution, to introduce actions the Congress and also the executive Branch can take upon the Act’s brewing sunset. Through release of its publicly report on might 18, and also following Senators Dole’s and also Mitchell’s testimony before this committee on June 11, the project completed that is work. In our testimony us will explain for comparative objectives some that the project’s recommendations. Beyond that, in light of the project’s culmination, the views that us express in this share statement and in our individual remarks will certainly be our own.

In our statement us will refer to powers and also responsibilities that the attorney General. Together the order promulgating the distinct counsel regulations shows (64 Fed. Reg. 37038), the government of the Attorney general under the regulations shall be exercised by the acting Attorney General, who generally will it is in the Deputy lawyer General, in any matter in i beg your pardon the Attorney basic is “personally recused.” the caveat applies to everything that follows.

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1.Appointment of special Counsel


The attorney General’s regulations carry out for meeting of distinct counsel through the attorney General. Our project’s report remained in accord, recommending that “Responsibility and also authority come appoint unique counsel have to be revived to the attorney General.” In your testimony here, Senators Dole and Mitchell proclaimed that “Our study of this issue has convinced us that a fair reading of background warrants entrusting come the Attorney basic the responsibility for deciding once a sensitive examination should be carried out by a distinct counsel, and also responsibility for selecting that person.” They detailed that “any the us can disagree native time to time through a decision that an attorney General around whether a special counsel is needed.” In that event “the appropriate remedy is the political process.”

The regulations collection forth (28 C.F.R. 600.1) a three-part evaluation for determining even if it is to appoint a special counsel. First, the Attorney basic must determine that “criminal examination of a human being or issue is warranted.” Then, the or she must determine whether examination or beginning of the “person or matter” by a U.S. Attorney’s Office or a Justice room litigating division would current either “a conflict of attention for the Department” or “other extraordinary circumstances.” Finally, a more question is to it is in asked, namely, even if it is “it would certainly be in the general public interest to choose an external Special Counsel to assume obligation for the matter.