Investigating Illegal Government Action

The firing of James Comey and the appointment of a special counsel have once again raised the issue of independent counsels and how we address government wrongdoing.  I have long thought about this issue, proposing various different solutions to the problem. The basic problem is that we simply do not have adequate institutions in place to address government wrongdoing.  During the late 1970s until the end of the Clinton Administration, the Independent Counsel statute was in place.  The statute had many significant defects, although it did have some virtues.  One virtue was that it had a uniform standard – although probably…

Read More