FACT: Independent Counsels and special counsels are substantively and legally different. #SCOTUS #KavanaughHearing
Independent Counsels, as they existed under the now-lapsed statute, reported to a three judge panel and had no obligations to report to the executive branch. #SCOTUS #KavanaughHearing
Special counsels, on the other hand, are part of the Justice Department. They exist and operate under Department regulations. Special counsels maintain a level of independence from other Department activities but report to the Attorney General. #SCOTUS
Critics of Morrison v. Olson were concerned specifically with the use prosecutorial authorities outside of the Executive Branch. So the primary underlying legal issue does not affect special counsels as they exist under today’s Justice Department regulations. #SCOTUS
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