FTWE Cannon’s lawless decision, it is worth repeating a little history. In 1999, George Mitchell and Bob Dole asked me and Tom Mann to lead a project on alternatives to the Independent Counsel statute that was expiring, know informally s the Ken Starr/Brett Kavanaugh Abuse Law. 1
We spent a year, with an incredible staff led by Mike Davidson and Elaine Stone, researching what states and other countries had done. Then we assembled an all-star team to sit for three intensive days to draft an alternative. 2/
We pulled together Dick Thornburgh, Drew Days, Zoe Baird, Mark Tuohey, among others. One of the others: John Roberts, then in private legal practice. We decided that the best alternative was not a new law but a set of Justice Dept regulations. Substantially what DOJ did. 3/
Our recommendation was unanimous in our group. Including the now-Chief Justice. The regulations have been affirmed over and over by multiple courts. Except the renegade Judge Cannon. Will be fascinating to see what he says, and how he votes, if and when this issue gets to the Supreme Court. End
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