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67-459: The Barrett Report is a 400-page report created by special prosecutor David Barrett. Initially tasked with investigating allegations of lying to the FBI against Henry Cisneros , Secretary of the U.S Department of Housing and Urban Development under U.S. President Bill Clinton , the investigation eventually delved into allegations that President Clinton had used the U.S. Department of Justice and

134-526: A "sweetheart" deal in Delaware where he was facing several criminal charges relates to tax evasion and firearm offenses. On 15 July 2024, federal judge Aileen Cannon , in a 93-page ruling, ruled that Jack Smith's appointment and funding were both unconstitutional under Article I, Section 9, Clause 7, of the US Constitution , which prohibits appropriations except when authorized by law. She also ruled that it

201-599: A Senator, he was highly critical of the Treaty of Versailles ending World War I, saying "this Treaty does not spell peace but war — war more woeful and devastating than the one we have but now closed". At the 1920 Republican National Convention , Knox was considered a potential compromise candidate who could unite the progressive and conservative factions of the party. Many thought that California Senator Hiram Johnson would release his delegates to back his friend Knox, but Johnson never did. Warren G. Harding instead emerged as

268-529: A banker. He was named after the Episcopal Bishop Philander Chase . He attended public school in Brownsville, graduating at the age of 15. He attended West Virginia University for a time, and then Mount Union College , where he graduated in 1872 with a bachelor of arts degree. While there, he formed a lifelong friendship with William McKinley , the future U.S. president, who at the time was

335-420: A conflict of interest arises or to avoid even the appearance such a conflict exists. In local state governments, special prosecutors are appointed by a judge, government official, organization, company or group of citizens to prosecute violations of law committed by one or more governmental agents and procure indictments for actions taken under color of state law. Unlike in courts having federal jurisdiction, where

402-536: A leading Pittsburgh attorney in partnership with James Hay Reed , their firm being Knox and Reed (now Reed Smith LLP ). In 1897 Knox became President of the Pennsylvania Bar Association . Along with Jesse H. Lippencott, a fellow member of an elite hunting club (see South Fork below), Knox served as a director of the Fifth National Bank of Pittsburgh. With Henry Clay Frick and Andrew Mellon , he

469-496: A local district attorney. Knox then returned to Brownsville, and was occupied for a short while as a printer at the local newspaper, then as a clerk at the bank where his recently deceased father had worked. Soon he left for Pittsburgh, and studied law while working at the law offices of H. R. Swope & David Reed in Pittsburgh. In 1880, Knox married Lillian "Lillie" Smith, the daughter of Mr. and Mrs. Andrew Darsie Smith. Her father

536-418: A particular matter, but the decision of whether or not to appoint the independent counsel remained with the attorney general and was not reviewable in court. If the attorney general decided not to appoint an independent counsel in response to such a request, they were only required to respond in writing with the reasons. Although the decision to appoint a special prosecutor was still made by the attorney general,

603-683: A prominent attorney in Pittsburgh , forming the law firm of Knox and Reed . With the industrialists Henry Clay Frick and Andrew Mellon , Knox also served as a director of the Pittsburgh National Bank of Commerce. In early 1901, he accepted appointment as United States Attorney General . Knox served under President William McKinley until McKinley was assassinated in September 1901, and Knox continued to serve under President Theodore Roosevelt until 1904, when he resigned to accept appointment to

670-547: A special counsel rests with the attorney general (or acting attorney general). The current special counsel regulations specify that: The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and— The attorney general sets the subject jurisdiction of

737-571: A special one-time regulation. As part of his investigation, in July of that year, Cox first requested and then subpoenaed the Nixon White House tapes ; secret recordings Nixon had made of conversations in the Oval Office and elsewhere. The Nixon administration refused to produce the tapes citing executive privilege , and the dispute was fought in court until October. After a Court of Appeals instructed

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804-563: A special prosecutor to investigate the Oregon land fraud scandal . In 1924, Calvin Coolidge appointed two special counsels from the two major parties of the time, Atlee Pomerene (a Democrat ) and Owen Roberts (a Republican ), to investigate the Teapot Dome scandal . This appointment was unique in that it was mandated under a special Congressional joint resolution, and was subject to approval in

871-457: Is known, no one bringing action profited thereby." The club was never held legally responsible for the disaster. Knox and Reed successfully argued that the dam's failure was a natural disaster which was an Act of God , and no legal compensation was paid to the survivors of the flood. The perceived injustice aided the acceptance of “ strict , joint, and several liability,” so that a “non-negligent defendant could be held liable for damage caused by

938-633: The 1908 U.S. presidential election . In February 1909, President-elect William Howard Taft nominated Senator Knox to be Secretary of State . He was at first found to be constitutionally ineligible, because Congress had increased the salary for the post during his Senate term, thus violating the Ineligibility Clause . In particular, Knox had been elected to serve the term from March 4, 1905 to March 3, 1911. During debate on legislation approved on February 26, 1907, as well as debate beginning on March 4, 1908, he had consistently supported pay raises for

1005-522: The Internal Revenue Service as political tools against American citizens. The investigation lasted ten years and cost nearly $ 21 million. It resulted in one misdemeanor conviction against Cisneros and developed information that led to a prison term for his former mistress, Linda Medlar Jones, on an unrelated bank fraud charge. Before the release of the report, three Democratic U.S. Senators , John Kerry , Dick Durbin and Byron Dorgan , forced

1072-631: The January 6 United States Capitol attack and handling of classified documents . On January 12, 2023, Garland appointed Robert Hur special counsel to investigate Joe Biden 's storage of classified materials. On August 11, 2023 Merrick Garland appointed David C. Weiss special counsel to investigate Joe Biden 's son Hunter Biden stemming from nearly five years of federal investigations into felony tax evasion, illegal foreign lobbying, money laundering, and other possible crimes. This development came shortly after Republicans alleged that Hunter received

1139-678: The Johnstown Flood and severe losses of life and property downriver. When word of the dam's failure was telegraphed to Pittsburgh, Frick and other members of the South Fork Club gathered to form the Pittsburgh Relief Committee for assistance to the flood victims. As its attorneys; Knox and his law partner Reed were able to fend off four lawsuits against the club; Colonel Unger, its president; and against 50 named members. The cases were "either settled or discontinued and, as far as

1206-699: The Star route scandal . Cook continued his investigation into the Chester Arthur administration. From 1901 to 1909, during the Theodore Roosevelt administration, special prosecutors were appointed to investigate two scandals. In 1903, Roosevelt appointed two special prosecutors (a Democrat and a Republican) to investigate allegations of bribery at the Post Office Department. In 1905, Roosevelt's attorney general, Philander Knox , appointed Francis Heney as

1273-499: The Whiskey Ring scandal. After attempting to stifle Henderson's investigation of the president's personal secretary, Grant fired Henderson on the grounds that Henderson's statements to a grand jury regarding Grant were impertinent. Following criticism, Grant appointed a new special prosecutor, James Broadhead , to continue the investigation. In 1881, James Garfield appointed the next special prosecutor, William Cook, to investigate

1340-579: The Whitewater controversy , the latter of which ultimately led to the impeachment of Bill Clinton over the Lewinsky scandal . Numerous smaller investigations into cabinet secretaries for relatively minor offenses, such as drug use, were also carried out by independent counsels during this period. During the period 1992–1994 when the independent counsel provisions were not in force, Attorney General Janet Reno appointed Robert Fiske special counsel to investigate

1407-407: The Whitewater controversy . When the law was reauthorized in 1994, Reno invoked it to order an independent counsel be appointed to investigate Whitewater, and suggested Fiske continue in that role. Instead, Ken Starr was given the job by the three-judge panel. Starr resigned and was replaced by Robert Ray in 1999 just before the expiration of the independent counsel statute. Ray formally concluded

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1474-464: The redaction of certain pages by attaching a rider to an unrelated appropriations bill . Cisneros, a former San Antonio mayor, eventually pleaded guilty to a misdemeanor charge of lying to the FBI. He paid a US$ 10,000 fine and was pardoned by President Clinton on Clinton's final day in office. Special prosecutor While the most prominent special prosecutors have been those appointed since

1541-511: The 1870s to investigate presidents and those connected to them, the term can also be used to refer to any prosecutor appointed to avoid a conflict of interest or appearance thereof. The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest." Because district attorneys' offices work closely with police, some activists argue that cases of police misconduct at

1608-430: The 2016 presidential election by Deputy Attorney General Rod Rosenstein after the recusal of Attorney General Jeff Sessions . In December 2020, Attorney General William Barr revealed to Congress that John Durham 's investigation had been granted special counsel status on October 19. On November 18, 2022, Attorney General Garland named Jack Smith special counsel to investigate Donald Trump 's actions regarding

1675-557: The Cabinet, which were eventually instituted for the 1908 fiscal calendar. The discovery of the constitutional complication came as a surprise after President-elect Taft had announced his intention to nominate Knox. The Senate Judiciary Committee proposed the remedy of resetting the salary to its pre-service level, and the Senate passed it unanimously on February 11, 1909. Members of the U.S. House of Representatives mounted more opposition to

1742-489: The Code of Federal Regulations, Title 28, part 600 (28 CFR §600). The regulations restrict the power to fire the special counsel into the hands of the attorney general alone, and they forbid the firing of the special counsel without good cause. They are internal Department of Justice regulations deriving their power from various acts of Congress, codified at U.S. Code, Title 28, section 510 and 515 (28 U.S.C. 510 and 515). Congress has

1809-684: The Department on a divisional basis, extended the merit system to the Diplomatic Service up to the grade of chief of mission, pursued a policy of encouraging and protecting American investments abroad, declared the ratification of the Sixteenth Amendment , and accomplished the settlement of controversies related to activities in the Bering Sea and the North Atlantic fisheries . Under Taft

1876-583: The FBI's handling of the Waco siege . In 2003, during the George W. Bush administration, Patrick Fitzgerald was appointed special counsel to investigate the Plame affair by Deputy Attorney General James Comey after the recusal of Attorney General John Ashcroft . On May 17, 2017, former FBI Director Robert Mueller was appointed special counsel to take over the previous FBI investigation of Russian interference in

1943-564: The Senate in 1916 and played a role in the Senate's rejection of the Treaty of Versailles . Knox was widely seen as a potential compromise candidate at the 1920 Republican National Convention , but the party's presidential nomination instead went to Warren G. Harding . While still serving in the Senate, Knox died in October 1921. Philander Chase Knox was born in Brownsville, Pennsylvania , one of nine children of Rebecca (née Page) and David S. Knox,

2010-524: The Senate, similar to a cabinet appointment. This process was unique in the history of federal special prosecutors. In 1952, Harry Truman appointed Newbold Morris as a "special assistant to the Attorney General" to investigate the corruption at the Bureau of Internal Revenue following Congressional pressure and calls for a special prosecutor. After Morris submitted a lengthy questionnaire on personal finances to be completed by all senior executive officers, he

2077-542: The Senate. Knox won re-election to the Senate in 1905 and unsuccessfully sought the 1908 Republican presidential nomination. In 1909, President William Howard Taft appointed Knox to the position of United States Secretary of State . From that post, Knox reorganized the State Department and pursued dollar diplomacy , which focused on encouraging and protecting U.S. investments abroad. Knox returned to private practice in 1913 after Taft lost re-election. He won election to

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2144-597: The Special Counsel in writing of the specific reason for their removal. Since the expiration of the independent counsel provisions in the Ethics in Government Act in 1999, as was the case before 1978, neither Congress nor the courts have any official role in the appointment of a special counsel; however, Congress can use other powers to pressure an administration into appointing a special counsel. This happened, for example, in

2211-586: The Special Prosecutor Act and later renamed the Independent Counsel Act, which established formal rules for the appointment of a special prosecutor. The appointment of special prosecutors varied in important ways from appointments made before and since. Majorities of either party within the House or Senate Judiciary Committee could formally request the attorney general to appoint a special prosecutor on

2278-587: The Whitewater investigation in 2003. Since the expiration of the independent counsel statute in 1999, there has been no federal statutory law governing the appointment of a special counsel. Upon the law's expiration in 1999, the Justice Department, under Attorney General Janet Reno, promulgated procedural regulations governing the appointment of special counsels. In 1999, these regulations were used by Reno to appoint John Danforth special counsel to investigate

2345-641: The actual selection of the special prosecutor was made by a three-judge panel called the Special Division, selected from the Courts of Appeals. The law did not allow special prosecutors to be removed except under specific circumstances such as wrongdoing or incapacitation. The special prosecutor provisions in the bill were temporary but were reauthorized by Congress in 1983 and 1987, expiring five years later in 1992; they were reinstated for another five years in 1994 before expiring again in 1999. The constitutionality of

2412-496: The appointment of Watergate special prosecutor Archibald Cox; senators secured a promise from Attorney General nominee Richardson to appoint a Watergate special prosecutor as a condition of his confirmation. Congress also has independent authority to investigate the president and their close associates through Congressional hearings as part of its government oversight role. Special prosecutors are appointed in state court with greater frequency than federal, and most often in cases where

2479-453: The arguments on this issue made by Supreme Court associate justice Clarence Thomas in his concurrence in the Trump v. United States case decided two weeks earlier. The 1988 Supreme Court case Morrison v. Olson had upheld appointment of special counsels, calling them "inferior officers" and not "officers". Cannon discussed that case, however, arguing that it no longer had any applicability, on

2546-425: The attorney general (or acting attorney general) from using their statutory authority to appoint a special counsel by other means, as has happened twice. Despite the passage of the Ethics in Government Act the previous year, Paul Curran was appointed to investigate Jimmy Carter's peanut business in 1979 under the attorney general's statutory authority (and was selected by him rather than by a three-judge panel as under

2613-464: The case was already moot when decided, and the decision was never appealed past the district court . Jaworski continued Cox's pursuit of the White House tapes, but Nixon resisted. He raised separation of powers questions under the U.S. Constitution. Since the special counsel is a member of the executive branch , Nixon argued that the special counsel is ultimately answerable to the president and that

2680-513: The compromise candidate, and Harding went on to win the 1920 election . After the election, Knox urged President Harding to consider Andrew Mellon for the position of Secretary of the Treasury, and Mellon ultimately took the position. In April 1921, he introduced a Senate resolution to bring a formal end to American involvement in World War I . It was combined with a similar House resolution to create

2747-643: The construction of the Panama Canal . In June 1904, Knox was appointed by Governor Samuel W. Pennypacker of Pennsylvania to fill the unexpired term of the late Matthew S. Quay in the United States Senate . In 1905, he was elected by the state legislature to fill the remainder of the full term for the US Senate seat (to 1909). Knox made an unsuccessful bid for the Republican Party nomination in

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2814-486: The criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation. Generally,

2881-525: The focus of foreign policy was the encouragement and protection of U.S. investments abroad called Dollar diplomacy . This was first applied in 1909, in a failed attempt to help China assume ownership of the Manchurian railways. Knox felt that not only was the goal of diplomacy to improve financial opportunities, but also to use private capital to further U.S. interests overseas. In spite of successes, "dollar diplomacy" failed to counteract economic instability and

2948-456: The fourth and final Watergate special prosecutor. Acting under his existing appointment as Watergate special prosecutor, Ruff conducted an unrelated investigation into whether Gerald Ford had misused campaign funds while a congressman, clearing the new president of any wrongdoing. Inspired in part by Watergate, in 1978 Congress passed the Ethics in Government Act . Title VI of this act was known as

3015-544: The grounds that it concerned special counsels appointed under the special statutory authority of the Independent Counsels Act, which law Congress had since allowed to expire, and hence Smith's appointment was not made under it. In 1999, the Department of Justice under Attorney General Janet Reno promulgated regulations for the future appointment of special counsels. As of 2018 , these regulations remain in effect in

3082-590: The law was affirmed by a 7–1 decision of the Supreme Court in the case of Morrison v. Olson . Roughly twenty special prosecutors (called independent counsels after 1983) were appointed under the Ethics in Government Act and its reauthorizations during the Jimmy Carter , Ronald Reagan , George H. W. Bush , and Bill Clinton administrations. These include significant investigations into the Iran–Contra affair and

3149-470: The law), ostensibly because the alleged wrongdoing preceded the passage of the act. Patrick Fitzgerald's appointment as special counsel in 2003 was specifically not made under the 28 CFR 600 regulation. The special counsel regulations specify that a special counsel must be a lawyer from outside the US government, while Fitzgerald was already a federal prosecutor at the time of his appointment. The decision to appoint

3216-442: The less confrontational 'independent counsel' in the 1983 reauthorization of the Ethics in Government Act. Those appointed under that act after 1983 are generally referred to as 'independent counsels'. Since the independent counsel law expired in 1999, the term 'special counsel' has been used. This is the term used in the current U.S. government regulations concerning the appointment of special counsels, such as Title 28 CFR . While

3283-494: The matter being investigated and/or prosecuted. The choice of whom to appoint is to be made by the attorney general with the following guidelines: An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of

3350-405: The power to directly limit the firing of special prosecutors or to delegate that power to the Attorney General. An agency regulation promulgated within the authority granted by statute has the force and effect of law, is binding upon the body that issues it, and can not be arbitrarily revoked. The existence of a law or regulations specifying the process to appoint a special counsel has not stopped

3417-453: The president could not be compelled by a subpoena issued by his own subordinate. The tapes were ultimately released following the Supreme Court decision in United States v. Nixon . Nixon resigned the presidency on August 9, 1974, and Jaworski resigned about two and a half months later, to be replaced by his (and Cox's) deputy, Henry Ruth Jr.—who in turn resigned in 1975, leaving Charles Ruff

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3484-500: The president to comply with the special prosecutor's subpoena, Nixon ordered the special prosecutor fired. In a constitutional crisis that became known as the Saturday Night Massacre , both the attorney general and deputy attorney general (who had both made promises regarding the special prosecutor in their Senate confirmation hearings) resigned rather than carry out the order to fire Cox. Solicitor General Robert Bork , who

3551-473: The prosecution or declination decisions reached by the Special Counsel." The current special counsel regulations specify that: The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform

3618-582: The relief measure and defeated it once. After a special procedural rule was applied, the measure was passed by a 173–115 vote. On March 4, 1909, the salary of the Secretary of State position was reverted from $ 12,000 to $ 8,000, and Knox took office on March 6. Later known as the " Saxbe fix ", such legislation has been passed in a number of similar circumstances. Knox served as Secretary of State in Taft's cabinet until March 5, 1913. As Secretary of State, he reorganized

3685-402: The special counsel him or herself decides when an investigation will terminate, with or without formal charges being pursued. The special counsel typically issues a final report on their investigation at this time. The current special counsel regulations specify that "At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining

3752-561: The special counsel: The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of

3819-461: The state and local level should be handled by special prosecutors. The terms 'special prosecutor', 'independent counsel', and 'special counsel' have the same fundamental meaning, and their use (at least at the federal level in the U.S.) is generally differentiated by the time period to which they are being applied. The term 'special prosecutor' was used throughout the Watergate era, but was replaced by

3886-417: The term 'special prosecutor' is sometimes used in historical discussions of such figures before 1983, the term 'special counsel' appears to have been frequently used as well, including, for example, in contemporary newspaper accounts describing the first presidentially-appointed special counsel in 1875. In 1875, Ulysses Grant appointed the first federal special prosecutor, John B. Henderson , to investigate

3953-427: The terms "special counsel" and "independent counsel" have a uniform definition, in state court meanings of legal terms continually vary, but with "special prosecutor" referencing the appointment of an attorney (supra) in contemplation of representation and prosecution of one or more government agent(s) for unlawful conduct. Philander C. Knox Philander Chase Knox (May 6, 1853 – October 12, 1921)

4020-524: The tide of revolution in places like Mexico, the Dominican Republic, Nicaragua, and China. Following his term of office, Knox resumed the practice of law in Pittsburgh. In 1916, Knox was elected by popular vote to the Senate from Pennsylvania for the first time, after passage of the Seventeenth Amendment providing for such popular elections. He served from 1917 until his death in 1921. While

4087-426: The unnatural use of land. In 1901, Knox was appointed as US Attorney General by President William McKinley and was re-appointed by President Theodore Roosevelt . He served until 1904. While serving President Roosevelt, Knox worked hard to implement the concept of Dollar Diplomacy . He told President Roosevelt: "I think, it would be better to keep your action free from any taint of legality," made in regard to

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4154-685: Was a director of the Pittsburgh National Bank of Commerce. As counsel for the Carnegie Steel Company , Knox took a prominent part in organizing the United States Steel Corporation in 1901. Knox was a member of the South Fork Fishing and Hunting Club , which had a clubhouse upriver of Johnstown, Pennsylvania . It maintained an earthen dam for a lake by the club, which was stocked for fishing. The dam failed in May 1889, causing

4221-481: Was a partner in a steel company known as Smith, Sutton and Co. The company eventually became a part of Crucible Steel. Knox and his wife had several children, including Hugh Knox . His extended relatives include a nephew, "Billy" Knox . Knox was admitted to the bar in 1875 and practiced in Pittsburgh. From 1876 to 1877, he was Assistant United States Attorney for the Western District of Pennsylvania. Knox became

4288-462: Was an American lawyer , bank director, statesman and Republican Party politician . He represented Pennsylvania in the United States Senate from 1904 to 1909 and 1917 to 1921. He was the 44th United States Attorney General in the cabinet of William McKinley and Theodore Roosevelt from 1901 to 1904 and the 40th United States Secretary of State in the cabinet of William Howard Taft from 1909 to 1913. Born in Brownsville, Pennsylvania , Knox became

4355-603: Was disallowed by Article II Section 2 Clause 2, which requires principal officers to be appointed by the President and confirmed by the Senate. Therefore, she dismissed the classified documents case that a grand jury under Smith had brought against former president Donald Trump. Smith's office announced that it would appeal the ruling to the United States Court of Appeals for the Eleventh Circuit . Cannon's ruling adopted

4422-459: Was fired by Attorney General Howard McGrath , who was in turn fired by the president. Following the appointment of a new attorney general, the investigation was continued through regular channels. Before his May 25, 1973 appointment as Richard Nixon 's attorney general, Elliott Richardson had agreed at his Senate confirmation hearing to appoint a Watergate special prosecutor, and so immediately on taking office appointed Archibald Cox under

4489-465: Was third in line at the Department of Justice, then fired Cox. Initially, the Nixon White House announced that the office of the special prosecutor had been abolished, but after public outcry Nixon instead had Bork appoint Leon Jaworski as the second Watergate special prosecutor. The firing was ruled illegal in the case of Nader v. Bork , but, as a new special prosecutor had already been appointed,

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