[20020415]RS21198_安然调查的独立律师或特别检察官.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21198April 15, 2002Independent Counsel or Special ProsecutorFor the Enron InvestigationJack MaskellLegislative AttorneyAmerican Law DivisionSummaryThere have been within the media, as well as in other public commentary, calls forthe appointment of, variously, an “independent counsel,” a “special prosecutor,” or a“special counsel” to conduct the criminal investigation of the so-called “Enron matter.”There is at the current time no statutory mechanism existing under federal law for theappointment of an “independent counsel,” as that provision of law was allowed to expireand was not reauthorized by Congress after June 30, 1999. No “independent” counselor special prosecutor may, therefore, be appointed by a neutral three-judge panel uponthe request of the Attorney General, as had been provided for in the Ethics inGovernment Act of 1978. The Attorney General himself, however, may name his own“special counsel,” and may establish the framework and limits of this counselsprosecutorial jurisdiction for an investigation which would be conducted under theultimate control and r