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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.
Previously under the Independent Counsel Reauthorization Act of 1994, United States Attorney General Janet Reno had Donald Smaltz appointed Independent Counsel by the United States Court of Appeals for the District of Columbia (Division for the Purpose of Appointing Independent Counsels Ethics in Government Act of 1978, As Amended, Division 94 ...
The first Special Counsel appointed by President Reagan, Kozinski formerly served as an attorney with the Office of Counsel to the President; previously practiced with Covington & Burling in Washington, D.C. Mary Eastwood, Acting (January 1980 – June 1981). A native of Wisconsin, Eastwood was graduated from the University of Wisconsin Law ...
The two special counsels appointed during the Trump presidency, Robert Mueller and Durham, both testified to Congress once they submitted their reports to the Justice Department.
It also notes that attorneys general have been appointing special counsels for more than 150 years, quoting from a 1998 law review article written by now-Justice Brett Kavanaugh that refers to the ...
Statements from Trump and the White House suggested he had been dismissed to ease the "pressure" on Trump due to the Russia investigation. [45] [46] [47] Later that month he arranged for a friend to tell the press about a memo he had written after a February 14 private meeting with the president.
Atty. Gen. Merrick Garland said he appointed a special counsel because Trump and Biden have both indicated they intend to seek another term as president. Garland appointed Smith on Nov. 18.
There are three vacancies on the U.S. courts of appeals and 38 vacancies on the U.S. district courts, [2] [3] as well as eight announced vacancies that may occur before the end of Trump's term (one for the courts of appeals and seven for district courts). [Note 1] [4] Trump has not made any recess appointments to the federal courts.