Q. What is the Office of the Independent Counsel?
A. The Ethics in Government Act of 1978 authorized the appointment of Independent Counsels (sometimes referred to as a "special prosecutor") to investigate whether specified crimes or impeachable conduct may have been committed by certain high government officials. This authority is now codified under the Independent Counsel Reauthorization Act of 1994.

Q. How is the Independent Counsel appointed?
A. The Independent Counsel Statute establishes a process for appointment of the Independent Counsel by an appellate court panel (or "special division") that provides the parameters and scope of the investigation based on a preliminary assessment by the U.S. Attorney General that there is sufficient evidence of wrongdoing to warrant further review and analysis.

Q. Why is an Independent Counsel used for this type of investigation rather than the Attorney General or a U.S. Attorney?
A. The Watergate investigation in the 1970s was initially conducted by the U.S. Justice Department, a part of the Executive Branch. The head of the Justice Department is the Attorney General, an appointee of the President. During Watergate, it was felt by many that investigators within the Justice Department could not truly be independent. When President Nixon ordered the firing of the "special prosecutor" investigating Watergate, and his own Attorney General and his deputy resigned in protest in the "Saturday Night Massacre," these fears seemed to be borne out.

Following the Watergate experience, there was a general belief that a federal prosecutor who was independent of the usual appointment process and who could undertake impartial and nonpartisan investigations of high government officials was needed to promote public confidence by avoiding the conflicts of interest that many saw during the investigation of President Nixon.

Q. How does the Office of Independent Counsel conduct its investigation?
A. The Independent Counsel is a federal prosecutor, subject to federal laws and rules of practice. He or she undertakes an investigation, may convene a grand jury, and may summon witnesses to testify before the grand jury. A main difference between the Independent Counsel and other U.S. Justice Department prosecutors is that the Independent Counsel operates pursuant to a charge from the special appellate court panel and the Independent Counsel must report to the panel about the investigation at its conclusion. Also the Independent Counsel may "advise the House of Representatives of any substantial and credible information ... that may constitute grounds for impeachment."

Q. What are the obligations of the Independent Counsel?
A. One objective of the Independent Counsel statute is to promote public confidence in the investigation of our high government officials. Accordingly, the investigation should be conducted in a fair, impartial, and nonpartisan manner. The Independent Counsel operates under the laws and rules of the U.S. Department of Justice, although there may be some greater latitude due to the independent nature of the prosecutor's work.

Q. What is the statutory authorization for the Independent Counsel?
A. The Independent Counsel statute must be reauthorized to remain in effect. It was last reauthorized for five years in 1994, so it will expire on June 30, 1999, without further Congressional action. There are many suggestions concerning the law, ranging from full reauthorization to permitting the law to lapse. Among the most prominent suggestions are to limit the number of high government officials subject to investigation; limit the conduct which can be investigated; limit the scope, expense and time of an investigation; provide more discretion to the U.S. Attorney General in the initial review; and change the reporting requirements.

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