NewsHour: Independent counsel – January 26, 1998

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PHIL PONCE: Differing views on the independent counsel law and how it’s being implemented now. Joseph DiGenova was the U.S. attorney during the Reagan administration and was appointed independent counsel to investigate former Bush officials in the Clinton passport matter. Kenneth Gormley is professor of law at Duquesne University; Anthony Lewis is a columnist with the New York Times. Byron York is a reporter with the American Spectator and contributor to the Wall Street Journal and the Weekly Standard. And joining them is NewsHour regular Stuart Taylor, senior writer with National Journal and contributing editor to Newsweek. Welcome everyone. Stuart Taylor, some basics under the law, what is an independent counsel supposed to do?

STUART TAYLOR, National Journal: To investigate any allegations of criminal conduct, only criminal conduct on the part of the President or people close to him. The law defines a set of people, cabinet secretaries, top White House aides, and the like, who are subject to investigations by independent counsel, but an independent counsel can only be appointed at the initiative of the attorney general if she believes there’s evidence that warrants the appointment of one. Then she asks a special three-judge federal court to do the appointing, and they choose the person to be appointed.

PHIL PONCE: And what are the special powers that an independent counsel has under the law?

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