The appointment of a special counsel to oversee the Justice Department's probe of Hunter Biden is bringing renewed attention on the role such prosecutors have played in modern American history.
, special counsels must still comply with department regulations, policies and procedures. They also technically report to the attorney general - the one government official who can fire them.
The attorney general is entitled to seek explanations from a special counsel about any requested investigative or prosecutorial step, but under the regulations is also expected to give great weight to the special counsel’s views.
One such independent counsel was Lawrence E. Walsh. During the Iran-contra affair in President Ronald Reagan’s second term, Walsh was appointed to probe secret arms sales to Iran and the diversion of money to rebel forces fighting the Nicaraguan government. A decade later, independent counsel Ken Starr investigated fraudulent real estate deals involving a longtime associate of President Bill Clinton and first lady Hillary Clinton, delved into the removal of documents from the office of deputy White House counsel Vincent Foster after his suicide and assembled evidence of Clinton’s sexual encounters with former White House intern Monica Lewinsky. As a result, Clinton was impeached by the House but survived a Senate trial.
But because of concerns over the cost and sprawling nature of such probes, Congress in 1999 permitted the provision governing independent counsels to expire.
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