What is an Independent Special Counsel?

Several times in the past half-century, Congress has designated officials to serve as "independent counsel," "special counsel" or "independent special prosecutor" in congressional investigations.

These attorneys are appointed to investigate governmental matters that could present a conflict of interest for staff lawyers, and are tasked with acting independently of the agencies or departments they look in to.

A designated Independent Counsel or Special Prosecutor has the power of any U.S. attorney, enabling them to convene a grand jury or see documents necessary to the fact-finding phase of an investigation, as well as the power to issue subpoenas.

The position also carries significant autonomy, and while they report to the Justice Department, they can appeal any DOJ decision to the chairman and ranking member of the House and Senate Judiciary Committees.

In the last several decades, lawmakers have brought in special counsel in three separate investigations involving the president and the executive branch of government:

• The Iran-Contra affair during the Reagan administration brought the appointment of Lawrence Walsh as Independent Counsel.

• President Clinton's affair with Monica Lewinsky and the Whitewater Controversy investigations were started by Robert Fiske, and continued by Kenneth Starr as Independent Counsel. Starr's investigation lead to the House of Representatives Impeachment of President Clinton, though he was later acquitted by the Senate.

• The Valerie Plame affair during George W. Bush's administration brought about the appointment of Special Prosecutor Patrick Fitzgerald. Fitzgerald was appointed by then-Acting Attorney General James Comey who took the charge after Attorney General John Ashcroft recused himself from the investigation.

Do you think the investigation into President Trump's ties with Russia merit an independent special prosecutor? Tell your reps what you think!

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— Eric Revell

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