General Question

luigirovatti's avatar

Is the figure of independent counsel so powerful in the justice system?

Asked by luigirovatti (2950points) August 28th, 2022

This stems from Law & Order S09E14, “Sideshow”, in which it was even asserted two presidents asserted executive privilege to defy the counsel’s subpoena. The Supreme Court shot them down.

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1 Answer

elbanditoroso's avatar

Yes, but it is less powerful than it was in the Nixon years, where it had near abssolute power to investigate. Back then, the SP had a lot of independence – he could still be fired (Read up on Archibald Cox) but it was a bigger deal.

Now the position is much more constrained and politically motivated.

The problem is that indep. counsels are by definition an aberration – an exception to the standard administration of justice. And therefore no one knows what to do with them and how much power they have.

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