Special Counsel Protection Act: Unconstitutional?

The Special Counsel Independence Protection Act was introduced in 2017 to limit the removal of a special counsel. The bill sets forth requirements and limitations with respect to the removal from office of a special counsel appointed by the Attorney General. Specifically, a special counsel may only be removed if the Attorney General files an action in the U.S. District Court for the District of Columbia and files a contemporaneous notice of the action with Congress.

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The Special Counsel Independence Protection Act

The bill was referred to the House Committee on the Judiciary in 2017 and a motion to discharge the committee was filed by Ms. Jackson Lee in 2018.

Removal of a special counsel

The Special Counsel Independence Protection Act is a bill that was introduced in 2017 to limit the removal of a special counsel.

A special counsel or other appointed individual may be removed only if:

• The Attorney General files an action in the U.S. District Court for the District of Columbia and files a contemporaneous notice of the action with Congress.
• The U.S. District Court for the District of Columbia issues an order finding misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of DOJ policies.

The bill sets forth requirements and limitations with respect to the removal from office of a special counsel appointed by the Attorney General, or of another official appointed by the Attorney General who exercises a similar degree of independence from the Department of Justice (DOJ) chain of command.

Requirements for removal from office

The Special Counsel Independence Protection Act is a bill that was introduced in 2017. It sets forth requirements and limitations with respect to the removal from office of a special counsel appointed by the Attorney General.

A special counsel or other appointed individual may be removed only if:

• The Attorney General files an action in the U.S. District Court for the District of Columbia and files a contemporaneous notice of the action with Congress.
• The U.S. District Court for the District of Columbia issues an order finding misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of DOJ policies.

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Independence from the Department of Justice

The Special Counsel Independence Protection Act (H.R.3654) was introduced in 2017 to limit the removal of a special counsel. It sets forth requirements and limitations with respect to the removal from office of a special counsel appointed by the Attorney General, or of another official appointed by the Attorney General who exercises a similar degree of independence from the Department of Justice (DOJ) chain of command.

The Act states that a special counsel or other appointed individual may be removed only if: (1) the Attorney General files an action in the U.S. District Court for the District of Columbia and files a contemporaneous notice of the action with Congress; and (2) the U.S. District Court for the District of Columbia issues an order finding misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause, including violation of DOJ policies.

This Act ensures that a special counsel can only be removed for legitimate reasons and through a transparent process, thereby protecting their independence from the Department of Justice. It establishes a clear and rigorous procedure that must be followed in order to remove a special counsel, providing a layer of protection and ensuring that any removal is justified and properly authorised.

The Special Counsel Independence Protection Act reinforces the independence of special counsels by setting out specific conditions under which they can be removed from office. By requiring the involvement of the U.S. District Court and Congress, the Act creates a system of checks and balances that limits the unilateral power of the Attorney General over the removal process. This helps to maintain the integrity of the special counsel's position and ensures that their decisions are not influenced by political considerations or pressure from the DOJ.

Overall, the Special Counsel Independence Protection Act serves to strengthen the independence of special counsels from the Department of Justice. By establishing clear and stringent conditions for removal, the Act provides a safeguard against arbitrary or politically motivated dismissals, allowing special counsels to carry out their duties without fear of retribution and with the assurance of a fair and impartial process.

The role of the Attorney General

The Special Counsel Independence Protection Act is a bill that was introduced in 2017. It sets forth requirements and limitations with respect to the removal from office of a special counsel appointed by the Attorney General, or of another official appointed by the Attorney General who exercises a similar degree of independence from the Department of Justice (DOJ) chain of command.

The Attorney General's role is crucial in ensuring the independence and integrity of the special counsel. By requiring the Attorney General to file an action in court and provide notice to Congress, the Act creates a transparent and accountable process for removing a special counsel. This helps to protect the special counsel from political interference and ensures that any removal is based on legitimate grounds.

The Attorney General is also responsible for appointing the special counsel in the first place. This appointment should be made with the independence of the special counsel in mind, ensuring that the individual appointed is qualified, experienced, and able to carry out their duties without undue influence from the DOJ or other political actors.

Overall, the role of the Attorney General in the Special Counsel Independence Protection Act is to safeguard the independence and integrity of the special counsel, ensuring that they can carry out their duties effectively and without undue interference.

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