The Government Independent Counsel

The course will explore the history, constitutional, legal foundation and separation of powers issues involved in the government independent counsel from Teapot Dome to Watergate, Iran-Contra, Whitewater and the Russian hacking investigations. It will explore in depth, the unique problems and legal issues encountered in these cases, including conflict with parallel congressional inquiries, assertion and application of Fifth Amendment, executive and DOJ authority over the independent counsel as well as Supreme Court and lower court jurisdiction limning the office. The course will also examine collateral constitutional issues under the pardon power and the relation to Congress’ impeachment processes.