On the recordAugust 5, 1998
this bill applies to all Department of Justice employees, or those who are acting under the Department of Justice authority. In this instance, the independent counsel is both. We all know when the independent counsel seeks to expand his jurisdiction, who does he go to see? He goes in to see the Attorney General and he expands his jurisdiction. When he needs to get his budget squared away, when he needs additional resources, who did he go to see? He goes in to see the Department of Justice and talks to the employees. That is why this amendment is in order. Let me just, for the purposes of people on the other side of the aisle, provide some supporting sources in current law to support this clarification. Mr. Chairman, 28 U.S.C. 594(a) provides that an independent counsel appointed under this chapter shall have full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, or any other officer or employee of the Department of Justice. Or let us take 28 U.S. 596, Section A. It provides that an independent counsel appointed under this chapter may be removed from office, other than by impeachment and conviction, by who? By only the personal action of the Attorney General of the United States. Or let us look at Section 3, the Supreme Court, in Morrison versus Olson, at 487 U.S.C. 654. It held that an independent counsel is subject to removal by the Attorney General.
Source
govinfo.gov




