Arlen Specter: “in my judgment, there is an urgent need that independent counsel be appointed to investigate and prosecute campaign…”

“in my judgment, there is an urgent need that independent counsel be appointed to investigate and prosecute campaign finance violations arising out of the 1996 Federal elections. The efforts to persuade Attorney General Reno to make that application for independent counsel have thus far failed. It is my view that it is important to consider alternatives in order to have independent counsel appointed. In my judgment, there are two possible alternatives available. One would be a lawsuit to ask the United States Court of Appeals for the District of Columbia, the appropriate panel on independent counsel, to appoint independent counsel, notwithstanding the refusal of the Attorney General to make that application. The general rule of law is that a public official may not be compelled to perform a discretionary function, an area of law which I had some experience with as district attorney of Philadelphia. However, there is a narrow ambit, even when considering a discretionary rule, where there may be an application for relief if there is an abuse of discretion by the public official. It is my legal judgment that there has been such an abuse of discretion by the Attorney General in this situation. Another alternative would be to legislate in the field, to make it abundantly plain that independent counsel should be appointed here, and that the circuit court would have the authority to do so.”