University of Baltimore Law Review Volume 48 | Issue 1 Article 5 2018 You’re Fired! Special Counsel Removal Authority and the Separation of Powers Adrianne C. Blake Follow this and additional works at: https://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Blake, Adrianne C. (2018) "You’re Fired! Special Counsel Removal Authority and the Separation of Powers," University of Baltimore Law Review: Vol. 48 : Iss. 1 , Article 5. Available at: https://scholarworks.law.ubalt.edu/ublr/vol48/iss1/5 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized editor of ScholarWorks@University of Baltimore School of Law. For more information, please contact
[email protected]. YOU’RE FIRED! SPECIAL COUNSEL REMOVAL AUTHORITY AND THE SEPARATION OF POWERS Adrianne C. Blake∗ “Those who cannot remember the past are condemned to repeat it.” - George Santayana1 I. INTRODUCTION In June 1875, only five years after the Department of Justice (DOJ) was organized as a separate executive department, President Ulysses S. Grant appointed the nation’s first special prosecutor.2 John B. Henderson was appointed to investigate a robust network of whiskey distillers, Internal Revenue Service (IRS) agents, Department of Treasury (DOTR) clerks, and others who were accused of diverting federal liquor tax revenue into their personal pockets and political campaigns.3 Investigator Henderson’s inquiry upended the infamous “Whiskey Ring.”4 The investigation ultimately led to indictments of ∗ J.D. Candidate, December 2018, University of Baltimore School of Law; M.P.S., Paralegal Studies, May 2010, George Washington University; B.S., Administration of Justice, May 2005, George Mason University.