1988 National Lawyers Convention, After the Independent Counsel Decision [Archive Collection]

Published: Sept. 13, 2022, 1:56 p.m.

b"This extremely contemporary controversy will be the subject of a special debate. Opponents of the independent prosecutor system charge that it violates the doctrine of separation of powers by removing a purely executive function from responsibility to the executive branch, and that it also violates traditional standards of fairness by politicizing criminal prosecution and by creating incentives to find a crime to fit the suspect rather than a suspect to fit the crime. Defenders of the statute hold that it is unrealistic to expect the executive branch to police itself and that there is both textual and historical support for Congress' constitutional authority to set up such a system."