FACT: The independent counsel law considered in Morrison lapsed nearly twenty years ago. #SCOTUS #KavanaughHearing
With no appetite to renew the authorities of an unchecked prosecutor, Congress allowed the statute to lapse in 1999. This was the bipartisan consensus in Congress at the time.
Then-Deputy Attorney General Eric Holder testified before Congress that the law was “too flawed to be renewed.” nytimes.com/1999/03/02/us/…
Attorney General Janet Reno said, “I have come to believe—after much reflection and great reluctance—that [the statute] is structurally flawed and those flaws cannot be corrected within our constitutional framework” townhall.com/columnists/pau…
Sen. Dick Durbin referred to independent counsels as “unchecked, unbridled, unrestrained and unaccountable.” washingtonpost.com/wp-srv/politic…
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