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« Wrenn v. DC: Big Win on Carrying | Main | Sounds like the medical journal articles on gun control »

Issue regarding Independent Counsel

Posted by David Hardy · 26 July 2017 08:36 AM

Fox raises the question of how many attorneys with the Independent Counsel's office donated to Democratic causes. I think the ones who didn't donate raise a more interesting question.

Of the 15 attorneys, 7 are "on detail" from the US Department of Justice (the last, Aaron Belinsky, is described as "on detail from the District of Maryland." He's actually on detail from the US Attorney's office there.)

The independent counsel is supposed to be, well, independent. Specifically, independent of the Department of Justice. The statute (28 U.S.C. ยง597) provides that upon appointment of an independent counsel, "the Department of Justice, the Attorney General, and all other officers and employees of the Department of Justice shall suspend all investigations and proceedings regarding such matter," except where the IC authorizes it in writing. The implication of the last is that the DoJ employees would remain in the DoJ. Fundamentally, the independent counsel was called into being because DoJ was tainted or potentially tainted in the matter. But then why are nearly half the independent counsel's attorneys DoJ lawyers?

In governmentalese, being "detailed" to other work means you get a temporary assignment outside your normal unit. I was detailed a few times. I stayed in my same office, drew the same paycheck, and answered to and was evaluated by the same bosses.

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