Weekly Press Briefing with Attorney General Reno and Robert B. Fiske

Total Page:16

File Type:pdf, Size:1020Kb

Weekly Press Briefing with Attorney General Reno and Robert B. Fiske Copyright 1994 Cable News Network, Inc. All rights reserved CNN Weekly Press Briefing With Attorney General and Robert B. Fiske Jr., Former U.S. Attorney General in New York and Independent Prosecutor – Designate Department of Justice January 20, 1994 SHOW: NEWS 9:33 am ET JANET RENO, Attorney General (LIVE): This morning I am announcing that I have asked Robert Fiske Jr. to serve as independent counsel in the Madison Bank matter. He has accepted. A week ago I said I was looking for someone who would be fair and impartial, who has a reputation for integrity and skill, someone who would be ruggedly independent, and I think Mr. Fiske fits that description to a "T". He is an excel- lent prosecutor, having served with distinction as an assistant United States attorney in the Criminal Division and as head of the Special Prosecutions Unit on Organized Crime in the Southern District of New York. He was appointed United States attorney by a Republican president, and his principle, his integrity, and his ability caused the subsequent president to continue him in office. He exemplifies public service at its best, and I am enormously grateful that he has heeded this call one more time. I have talked with Mr. Fiske and told him that I want him to do everything he thinks proper and appropriate to make sure that he is truly independent. Mr. Fiske. ROBERT FISKE: Thank you. I'm very grateful to the attorney general for the trust and confidence that she has placed in me to carry out this important assignment. I am totally satisfied that I will have the independence and complete authority to do this job right. Starting Monday I am going to take a leave of absence from my law firm so that I can work full time to conduct and complete as expeditiously as possible a complete, thorough, and impartial investigation. STAFF: We'll take your questions. Q What will be the scope of this investigation, and will it include Mr. Foster's suicide? Mr. FISKE: The scope of the investigation has been reflected in a regulation which is now in the process of being adopted. It will be 603.1, entitled "Jurisdiction of the Independent Counsel". This resolution has been deliberately drafted broadly. It was drafted by me to give me the total authority to look into all appropriate matters relating to the events that bring us all here today. The specific language authorizes me to investigate whether any individuals or entities have committed a violation of any federal criminal law relating in any way to President William Jefferson Clinton's or Mrs. Hillary Rodham Clinton's rela- tionships with Madison Guaranty Savings and Loan Association, Whitewater Development Corporation, or Capital Management Services. In addition to that specific general language, there is further language which gives me the jurisdiction and authority to investigate other allegations or evidence of violation of any federal criminal law by any person or entity developed dur- ing the independent counsel's investigation referred to above and connected with or arising out of that investigation. To answer your-- : (Off mike.) Mr. FISKE: I am about to - I will answer the Question specifically. I know you asked about the Foster suicide. Ques- tions have been raised whether that is related to President Clinton or Mrs. Clinton's relationships with Madison Guar- anty and Whitewater, and that will be one of the things we will be trying to find out. REPORTER: So would you characterize this mandate as - well, I don't want to use a word, but would you say it's nar- row, would you say it's broad? Mr. FISKE: I would say it's very broad relating to the matters as described in the resolution. REPORTER: What kind of time frame do you think you're operating under? Mr. FISKE: My time frame is to finish this as quickly as I can consistent with doing the job right. It's very difficult not knowing the facts, other than what I've read in the newspapers, to try to put any time frame on it. My experience in these matters has always been every time you try to put a time limit on something you're always wrong, it always takes longer. So I'm reluctant to do that, but other than to tell you that I'm going to just start Monday and just go flat out till we're through. REPORTER: But do you have any general estimate whether it's months? Mr. FISKE: I think it's more than a month. REPORTER: Do you anticipate that your role in this is going to be as the courtroom trial lawyer model of prosecutor, or are you going to be more like the Walsh model, a person who brings in investigators and prosecutors who - and you're more of the orchestrator of the - Mr. FISKE: Well, I think when I was United States attorney I was a hands-on prosecutor myself. I prosecuted several major cases personally. But I would also certainly bring into this investigation a number of people who I will find, I think without much difficulty, who will be veryREPORTER: Will you continue to use the Justice Department - any of the Justice Department officials here, I mean attorneys who have been working on this case? Mr. FISKE: I've thought about that, and I've come to the conclusion that without in any way reflecting in any slightest way against their ability and competence, that in order to conduct a truly independent investigation, I should have peo- ple working for me who are not also reporting to the attorney general. Therefore, I will recruit a totally new staff of lawyers to work with me on this, which I would assume will consist primarily of experienced, former prosecutors from around the country. I certainly, though, intend to work with the lawyers in the Justice Depart- ment who have been working on these matters to date so that we will get the full benefit of everything that they have done so that we hit the ground running as fast as we can. REPORTER: How about the FBI, will you be using the FBI? Mr. FISKE: I have talked to Director Freeh this morning. He has assured me that the FBI will be at our complete dis- posal, and I am meeting with him later today to start working out the specifics of that. REPORTER: How many lawyers do you expect to be hiring? Ten? More than 10? Mr. FISKE: It really is hard to say. I think one of the first things I'm going to do, again, starting later today, is meet for the first time with some of the people in the Justice Department who have been conducting these investigations so that I can get first-hand from them an idea of what the scope and dimensions of this are going to be. And I really wouldn't be able to tell you right now how many lawyers I would have to bring in until I have a little better sense of exactly what is involved here. I can tell you, though, it will be a significant number. REPORTER: Will you operate out of Washington or Little Rock? Mr. FISKE: I would expect to open an office in Little Rock. I think that's where the center of gravity of this investiga- tion is. There is already a grand jury sitting there and that is where the base of operations of this investigation will be. REPORTER: Have you seen the files yet in Little Rock? Mr. FISKE: I haven't seen - I have not seen anything. I was appointed yesterday afternoon and I have not even talked to the lawyers in the Justice Department yet who are responsible for conducting the investigation. REPORTER: Would you like to become an independent counsel if that law is passed by the Congress? Mr. FISKE: I'm perfectly happy with the position I have right now. REPORTER: Mr. Fiske, do you expect to talk to the president and the first lady? And if so, do you expect to do it under oath? Mr. FISKE: I would certainly expect that before this investigation is over that I would question both the president and the first lady and that it would be under oath. REPORTER: Mr. Fiske, when Attorney General Thornburgh invited you to be the deputy, some Republicans were criti- cal of your nomination. Have you contacted any Republicans? What is your sense of how they would react to your ap- pointment? Mr. FISKE: I think we'd - you would just have to wait and see. I would hope that there would not be any significant opposition to this. The question that came up before had to do with an issue that I think has nothing to do with what I'm doing here. REPORTER: Just on a personal note, why did you accept the job? What prompted you to - what were some of the con- siderations or reasons why you decided - Mr. FISKE: Well, I think first and foremost I consider this an extremely important assignment. I think it's very impor- tant that someone that meets the attorney general's qualifications do this job. It's important for the country to get this done and get it done as quickly and as thoroughly and as fairly as possible. And when someone asked me to do that, I felt an obligation to respond. REPORTER: Have you ever worked an investigation where - (inaudible) - Mr. FISKE: Could you give me thatREPORTER: Yeah.
Recommended publications
  • Special Counsels, Independent Counsels, and Special Prosecutors: Options for Independent Executive Investigations Name Redacted Legislative Attorney
    Special Counsels, Independent Counsels, and Special Prosecutors: Options for Independent Executive Investigations name redacted Legislative Attorney June 1, 2017 Congressional Research Service 7-.... www.crs.gov R44857 Special Counsels, Independent Counsels, and Special Prosecutors Summary Under the Constitution, Congress has no direct role in federal law enforcement and its ability to initiate appointments of any prosecutors to address alleged wrongdoings by executive officials is limited. While Congress retains broad oversight and investigatory powers under Article I of the Constitution, criminal investigations and prosecutions have generally been viewed as a core executive function and a responsibility of the executive branch. Historically, however, because of the potential conflicts of interest that may arise when the executive branch investigates itself (e.g., the Watergate investigation), there have been calls for an independently led inquiry to determine whether officials have violated criminal law. In response, Congress and the U.S. Department of Justice (DOJ) have used both statutory and regulatory mechanisms to establish a process for such inquiries. These responses have attempted, in different ways, to balance the competing goals of independence and accountability with respect to inquiries of executive branch officials. Under the Ethics in Government Act of 1978, Congress authorized the appointment of “special prosecutors,” who later were known as “independent counsels.” Under this statutory scheme, the Attorney General could request that a specially appointed three-judge panel appoint an outside individual to investigate and prosecute alleged violations of criminal law. These individuals were vested with “full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice” with respect to matters within their jurisdiction.
    [Show full text]
  • The Special Counsel's Report: What Do Current DOJ Regulations
    Legal Sidebari The Special Counsel’s Report: What Do Current DOJ Regulations Require? March 7, 2019 In light of media reports that Special Counsel Robert S. Mueller III is close to concluding his investigation of Russian interference in the 2016 election, the extent to which the findings and conclusions of the Special Counsel’s investigation will be released to Congress and the public after being submitted to the Attorney General has attracted attention. The reporting requirements applicable to the Special Counsel’s investigation indicate a significant degree of deference to the Special Counsel regarding the content of his report to the Attorney General. Governing Department of Justice (DOJ) regulations also give significant deference to the Attorney General regarding release of information related to the report, although the regulations mandate that he report certain information to Congress at the conclusion of the Special Counsel’s investigation. Some Members of Congress have proposed legislation to ensure that certain information related to the Special Counsel’s investigation is made available to Congress and the public. This Sidebar examines the current legal obligations of the Special Counsel and Attorney General to report information relating to the investigation to Congress and the public. It also provides historical examples of reports issued for other such investigations. A companion Sidebar addresses potential legal issues that may arise if Congress seeks to compel release of information about the investigation, including issues involving executive privilege and the publication of grand jury information. Reporting Requirements Under the Current Special Counsel Regulations Under the current legal framework, there is no statute providing for Special Counsel investigations or specifying information arising from such investigations that must be disclosed to Congress or the public.
    [Show full text]
  • JUNE 10, 2019 Chairman Nadler, Ranking Member Collins, the Last
    STATEMENT OF JOHN W. DEAN U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY HEARINGS: “LESSONS FROM THE MUELLER REPORT: PRESIDENTIAL OBSTRUCTION AND OTHER CRIMES.” JUNE 10, 2019 Chairman Nadler, Ranking Member Collins, the last time I appeared before your committee was July 11, 1974, during the impeachment inquiry of President Richard Nixon. Clearly, I am not here as a fact witness. Rather I accepted the invitation to appear today because I hope I can give a bit of historical context to the Mueller Report. In many ways the Mueller Report is to President Trump what the so-called Watergate “Road Map” (officially titled “Grand Jury Report and Recommendation Concerning Transmission of Evidence to the House of Representatives”) was to President Richard Nixon. Stated a bit differently, Special Counsel Mueller has provided this committee a road map. The Mueller Report, like the Watergate Road Map, conveys findings, with supporting evidence, of potential criminal activity based on the work of federal prosecutors, FBI investigators, and witness testimony before a federal grand jury. The Mueller Report explains – in Vol. II, p. 1 – that one of the reasons the Special Counsel did not make charging decisions relating to obstruction of justice was because he did not want to “potentially preempt [the] constitutional processes for addressing presidential misconduct.” The report then cites at footnote 2: “See U.S. CONST. ART. I § 2, cl. 5; § 3, cl. 6; cf. OLC Op. at 257-258 (discussing relationship between impeachment and criminal prosecution of a sitting President).” Today, you are focusing on Volume II of the report.
    [Show full text]
  • Independent Counsel
    FY 2008 PERFORMANCE BUDGET INDEPENDENT COUNSEL CONGRESSIONAL JUSTIFICATION Table of Contents Page No. I. Overview .............................................................................................................. 1 II. Summary of Program Changes ........................................................................ N/A III. a. Appropriations Language and Analysis of Appropriations Language……... N/A b. General Provision Language……………………………………………….. N/A III. Decision Unit Justification A. Independent Counsel………………………………………………………… 2 IV. Exhibits A. Organizational Chart.................................................................................... N/A B. Summary of Requirements .......................................................................... N/A C. Program Changes by Decision Unit............................................................. N/A E. Resources by DOJ Strategic Goal/Objective ............................................... N/A F. Justification for Base Adjustments .............................................................. N/A G. Crosswalk of 2007 Availability ................................................................... N/A H. Crosswalk of 2008 Availability ................................................................... N/A I. Summary of Reimbursable Resources......................................................... N/A J. Detail of Permanent Positions by Category................................................. N/A K. Financial Analysis of Program Changes.....................................................
    [Show full text]
  • Special Counsel Investigations: History, Authority, Appointment and Removal
    Special Counsel Investigations: History, Authority, Appointment and Removal Updated March 13, 2019 Congressional Research Service https://crsreports.congress.gov R44857 SUMMARY R44857 Special Counsel Investigations: History, March 13, 2019 Authority, Appointment and Removal Cynthia Brown The Constitution vests Congress with the legislative power, which includes authority to Legislative Attorney establish federal agencies and conduct oversight of those entities. Criminal investigations and prosecutions, however, are generally regarded as core executive Jared P. Cole functions assigned to the executive branch. Because of the potential conflicts of interest Legislative Attorney that may arise when the executive branch investigates itself, there have often been calls for criminal investigations by prosecutors with independence from the executive branch. In response, Congress and the U.S. Department of Justice (DOJ) have used both statutory and regulatory mechanisms to establish a process for such inquiries. These frameworks have aimed to balance the competing goals of independence and accountability with respect to inquiries of executive branch officials. Under the Ethics in Government Act of 1978, for example, Congress authorized the appointment of “special prosecutors,” who later were known as “independent counsels.” Under this statutory scheme, the Attorney General could request that a specially appointed three-judge panel appoint an outside individual to investigate and prosecute alleged violations of criminal law. These individuals were vested with “full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice” with respect to matters within their jurisdiction. Ultimately, debate over the scope, cost, and effect of the investigations (perhaps most notably the Iran-Contra and the Whitewater investigations) resulted in the law’s expiration and nonrenewal in 1999.
    [Show full text]
  • The Politics of the Clinton Impeachment and the Death of the Independent Counsel Statute: Toward Depoliticization
    Volume 102 Issue 1 Article 5 September 1999 The Politics of the Clinton Impeachment and the Death of the Independent Counsel Statute: Toward Depoliticization Marjorie Cohn Thomas Jefferson School of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Courts Commons, and the Legal Profession Commons Recommended Citation Marjorie Cohn, The Politics of the Clinton Impeachment and the Death of the Independent Counsel Statute: Toward Depoliticization, 102 W. Va. L. Rev. (1999). Available at: https://researchrepository.wvu.edu/wvlr/vol102/iss1/5 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Cohn: The Politics of the Clinton Impeachment and the Death of the Inde THE POLITICS OF THE CLINTON IMPEACHMENT AND THE DEATH OF THE INDEPENDENT COUNSEL STATUTE: TOWARD DEPOLITICIZATION Marjorie Cohn I. INTRODUCTION .........................................................................59 II. THE ANDREW JOHNSON IMPEACHMENT ..................................60 III. TE LEGACY OF WATERGATE .................................................60 IV. THE POLITICAL APPOINTMENT OF AN "INDEPENDENT COUNSEL"... ..............................................................................................63 V. STARR'S W AR ..........................................................................66
    [Show full text]
  • Special Counsels and the Presidency: a Conversation with Ken Starr on the Role of the Constitution and the Ongoing Mueller Investigation
    AMERICAN ENTERPRISE INSTITUTE SPECIAL COUNSELS AND THE PRESIDENCY: A CONVERSATION WITH KEN STARR ON THE ROLE OF THE CONSTITUTION AND THE ONGOING MUELLER INVESTIGATION WELCOME: JOHN YOO, AEI PRESENTATION: KEN STARR, AUTHOR, “CONTEMPT: A MEMOIR OF THE CLINTON INVESTIGATION” PANEL DISCUSSION PANELISTS: SAIKRISHNA PRAKASH, UNIVERSITY OF VIRGINIA SCHOOL OF LAW; KEN STARR, AUTHOR, “CONTEMPT: A MEMOIR OF THE CLINTON INVESTIGATION”; VICTORIA TOENSING, DIGENOVA & TOENSING MODERATOR: JOHN YOO, AEI 2:45–4:00 PM TUESDAY, SEPTEMBER 18, 2018 EVENT PAGE: http://www.aei.org/events/special-counsels-and-the-presidency-a- conversation-with-ken-starr-on-the-role-of-the-constitution-and-the-ongoing- mueller-investigation/ TRANSCRIPT PROVIDED BY WWW.DCTMR.COM JOHN YOO: So welcome, everybody, to this panel on independent counsel. And as I promised on Facebook, we will almost certainly also talk about the Kavanaugh nomination. It’s not a joke. (Laughs.) So, my name is John Yoo. I’m a visiting scholar here and professor at Berkeley and also a fellow at the Hoover Institution at Stanford. And Judge Starr originally was going to give a lecture, but he actually would like to actually sit and have a conversation with the panelists, so we’re going to dispense with any kind of formal remarks. He’s going to make a — I think a short statement summarizing his book and some of the points, and then we’re going to turn right to an open discussion with the other panelists. So let me just quickly introduce them. You have their full biographies. But, as you all know, Judge Starr has been many, many things: a judge on the DC circuit, solicitor general, law school dean — it’s all been downhill after being law school dean — university president, and an independent counsel in the Clinton Whitewater investigation.
    [Show full text]
  • In Re Grand Jury Investigation, 315 F
    United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 8, 2018 Decided February 26, 2019 No. 18-3052 IN RE: GRAND JURY INVESTIGATION Appeal from the United States District Court for the District of Columbia (No. 1:18-gj-00034) Paul D. Kamenar argued the cause and filed the briefs for appellant. James C. Martin argued the cause for amicus curiae Concord Management and Consulting LLC in support of appellant. With him on the briefs were Colin E. Wrabley, Eric A. Dubelier, and Katherine J. Seikaly. Montgomery Blair Sibley was on the brief for amicus curiae Montgomery Blair Sibley in support of appellant. Michael R. Dreeben, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Robert S. Mueller, III, Special Counsel, and Jeannie S. Rhee and Adam C. Jed, Attorneys. Elizabeth B. Wydra and Ashwin P. Phatak were on the brief for amici curiae Constitutional and Administrative Law Scholars in support of appellee. 2 Before: HENDERSON, ROGERS and SRINIVASAN, Circuit Judges. Opinion for the court filed by Circuit Judge ROGERS. ROGERS, Circuit Judge: Andrew Miller appeals an order holding him in contempt for failing to comply with grand jury subpoenas served on him by Special Counsel Robert S. Mueller, III. He contends the Special Counsel’s appointment is unlawful under the Appointments Clause of the Constitution, and therefore the contempt order should be reversed. We affirm. I. The relevant statutory and regulatory authority relating to the context in which this appeal arises are as follows. A. The Attorney General is the head of the Department of Justice (“the Department”).
    [Show full text]
  • Proposals to Reform Special Counsel Investigations
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2021 Balancing Independence and Accountability: Proposals to Reform Special Counsel Investigations Lawrence Keating Fordham University School of Law Steven Still Fordham University School of Law Brittany Thomas Fordham University School of Law Samuel Wechsler Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Constitutional Law Commons, and the Law and Politics Commons Recommended Citation Lawrence Keating, Steven Still, Brittany Thomas, and Samuel Wechsler, Balancing Independence and Accountability: Proposals to Reform Special Counsel Investigations, January (2021) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1111 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Balancing Independence and Accountability: Proposals to Reform Special Counsel Investigations Democracy and the Constitution Clinic Fordham University School of Law Lawrence Keating, Steven Still, Brittany Thomas, & Samuel Wechsler January 2021 Balancing Independence and Accountability: Proposals to Reform Special Counsel Investigations Democracy and the Constitution Clinic Fordham University School of Law Lawrence Keating, Steven Still, Brittany Thomas, & Samuel Wechsler January 2021 This report was researched and written during the 2019-2020 academic year by students in Fordham Law School’s Democracy and the Constitution Clinic, where students developed non-partisan recommendations to strengthen the nation’s institutions and its democracy.
    [Show full text]
  • A Hard Line Proposal to Stop Unaccountable Disclosures of Law Enforcement Information
    St. John's University School of Law St. John's Law Scholarship Repository Faculty Publications 1999 The Leak and the Craft: A Hard Line Proposal to Stop Unaccountable Disclosures of Law Enforcement Information John Q. Barrett St. John's University School of Law Follow this and additional works at: https://scholarship.law.stjohns.edu/faculty_publications Part of the Constitutional Law Commons, Criminal Law Commons, and the Legal Ethics and Professional Responsibility Commons This Article is brought to you for free and open access by St. John's Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE LEAK AND THE CRAFT: A HARD LINE PROPOSAL TO STOP UNACCOUNTABLE DISCLOSURES OF LAW ENFORCEMENT INFORMATION John Q. Barrett INTRODUCTION T HE critics of Kenneth W. Starr accused him, in the five-plus years that he served as the multi-tasked Independent Counsel,' of many * Associate Professor, St. John's University School of Law. A.B., Georgetown University, 1983; J.D., Harvard University, 1986. E-mail: jbarrett C-sjulawfac. stjohns.edu. This Article expands upon my presentation as part of a June 5, 1999, panel entitled "After Starr Wars, Part I: The Role and Responsibilities of the Public Prosecutor," at the American Bar Association's Center for Professional Responsibil- ity 25th National Conference. I am grateful to Mary Daly, Art Garwin, and Bruce Green for their planning efforts and invitation, to Michael Simons, Brian Tamanaha, and Sarah Walzer for very helpful comments, and to Karen R.
    [Show full text]
  • Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations
    Order Code 98-19 A Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations Updated June 8, 2006 Jack Maskell Legislative Attorney American Law Division Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations Summary This report lists the independent counsels (called “special prosecutors” until 1983) appointed by the Special Division of the United States Court of Appeals upon application from the Attorney General of the United States, under the provisions of the law originally enacted in the Ethics in Government Act of 1978. The report specifies the dates of the appointments of the independent counsels and the dates of their final reports; sets out in summary fashion the areas or subjects of investigation by the independent counsels; highlights the results of those investigations; and provides the costs of the investigations through September 30, 2005, the date through which the Government Accountability Office has completed the latest published audit of the offices of independent counsels (published March 31, 2006). The information provided from public documents indicates that there have been 20 reported independent counsel or special prosecutor investigations initiated under the provisions of title VI of the Ethics in Government Act of 1978, as amended. Because Congress did not pass a reauthorization of the law, the provisions of the independent counsel law expired under a five-year “sunset” provision on June 30, 1999, and independent counsels are no longer named by the Special Division of the Court. Investigations by independent counsels who had already been appointed before June 30, 1999, however, were allowed to continue under the old provisions of the law until the matters assigned to them had been completed (28 U.S.C.
    [Show full text]
  • The Special Counsel's Report: What Do Current DOJ Regulations
    Legal Sidebari The Special Counsel’s Report: What Do Current DOJ Regulations Require? Cynthia Brown Legislative Attorney March 7, 2019 In light of media reports that Special Counsel Robert S. Mueller III is close to concluding his investigation of Russian interference in the 2016 election, the extent to which the findings and conclusions of the Special Counsel’s investigation will be released to Congress and the public after being submitted to the Attorney General has attracted attention. The reporting requirements applicable to the Special Counsel’s investigation indicate a significant degree of deference to the Special Counsel regarding the content of his report to the Attorney General. Governing Department of Justice (DOJ) regulations also give significant deference to the Attorney General regarding release of information related to the report, although the regulations mandate that he report certain information to Congress at the conclusion of the Special Counsel’s investigation. Some Members of Congress have proposed legislation to ensure that certain information related to the Special Counsel’s investigation is made available to Congress and the public. This Sidebar examines the current legal obligations of the Special Counsel and Attorney General to report information relating to the investigation to Congress and the public. It also provides historical examples of reports issued for other such investigations. A companion Sidebar addresses potential legal issues that may arise if Congress seeks to compel release of information about the investigation, including issues involving executive privilege and the publication of grand jury information. Reporting Requirements Under the Current Special Counsel Regulations Under the current legal framework, there is no statute providing for Special Counsel investigations or specifying information arising from such investigations that must be disclosed to Congress or the public.
    [Show full text]