On the recordOctober 7, 2003
there are two matters that I bring to the attention of the Members of the House. One is whether or not the outing of a CIA operative calls for a special counsel. I would like to enlighten Members that the need to investigate the leaked name of a Central Intelligence Agency operative is one that requires a special counsel. There are three factors required. The Justice Department has promulgated these regulations under several circumstances. The Attorney General is required to appoint a special counsel when a criminal investigation of a person or matter is warranted; or, two the investigation would present a conflict of interest for the Department; or, three, that it would be in the public interest to appoint an outside special counsel to assume the responsibility. All three factors appear to be present here. The Justice Department answers the first question for us. It has opened a criminal investigation into charges of disclosing the name of a covert agent. Second, that the investigation would present a conflict of interest for the Department would then be another basis for a special counsel. Here there is a clear conflict of interest.
Source
govinfo.gov




