“They’re Crazy, These Americans”: Legal Issues of Special Counsel Appointment in 2024

Abstract

This paper explores the legal framework and constitutional implications of the Special Counsel's appointment in the United States. Through a historical analysis of seven key investigations (1870–1978) and related statutes, it traces the evolution from informal practices to formal regulations. The analysis highlights the implications of the 1978 Ethics in Government Act and current Department of Justice rules, addressing their impact on the separation of powers and the autonomy of the Attorney General. Recent cases involving Donald Trump and Hunter Biden underline unresolved constitutional dilemmas, suggesting the necessity of re-evaluating the legal basis for Special Counsel appointments to ensure fair and effective governance.

Keywords: Special Counsel; Presidential Immunity; Constitutional Law; Ethics in Government Act (1978); Separation of Powers