Independent Counsel Act

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Executive Power

On the Role of Congress and the Courts in the Special Counsel Investigation: A Brief Reply to Rick Pildes

My colleague Rick Pildes has made a thoughtful, well-crafted case for the constitutionality of a judicially enforceable codification of the Department of Justice special-counsel regulations. A bill recently introduced by Sens.

Executive Power

Could Congress Simply Codify the DOJ Special Counsel Regulations?

Some members of Congress are looking for ways to protect the integrity of the Mueller investigation by ensuring that Mueller won’t be removed from office unless a genuinely appropriate basis exists for doing so. Sens. Christopher Coons (D-Del.) and Thom Tillis (R-N.C.) have introduced legislation to provide for judicial review if Mueller is removed, and Sens.

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