Oversight of the Independent Counsel Statute: Hearings Before the Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, United States Senate, One Hundredth Congress, First Session, March 19, 20, 1987U.S. Government Printing Office, 1987 - 445 lappuses |
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allegations Ambassador apply appropriate Assistant Attorney Attorney General's decision authority believe BOLTON Carl Levin Chairman circumstances CIVILETTI concluded conflict of interest Congress congressional constitutional constitutionality crime criminal intent criminal law CUTLER Deaver Department of Justice Department's Deputy Attorney determine Dinkins disqualification division employee Ethics in Government evidence executive branch facts filed further investigation Government Act government official Independent Counsel law independent counsel provisions independent counsel statute individual inquiry investigation or prosecution involved issue judicial review Justice Department LEFSTEIN legislation MARTIN matter Meese ment Oversight of Government participation pendent counsel preliminary investigation President prosecutorial jurisdiction Public Integrity Section question reauthorization recusal relationship removal request responsibility Schmults Senator COHEN Senator LEVIN Senator MITCHELL separation of powers special prosecutor specific statement statutory testimony Theodore Olson tion Title trigger United United States Attorney United States Code violation Walsh warranted Whittlesey William French Smith Yale-Quay
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158. lappuse - Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he.
188. lappuse - But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
118. lappuse - The vesting of the executive power in the President was essentially a grant of the power to execute the laws. But the President alone and unaided could not execute the laws. He must execute them by the assistance of subordinates. This view has since been repeatedly affirmed by this court.
159. lappuse - Interest and receives in advance a written determination made by such official that the interest Is not so substantial as to be deemed likely to affect the Integrity of the services which the Government may expect from such officer or employee...
116. lappuse - In the absence of all constitutional provision or statutory regulation, it would seem to be a sound and necessary rule to consider the power of removal as incident to the power of appointment.
119. lappuse - Constitution, no less explicit than the one on which the gentleman's doctrine is founded ; it is that part which declares that the executive power shall be vested in a President of the United States. The association of the Senate with the President in exercising that particular function, is an exception to this general rule ; and exceptions to general rules, I conceive, are ever to be taken strictly.
123. lappuse - In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which, to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own ; and consequently should be so constituted, that the members of each should have as little agency as possible in the appointment of the members of the others.
128. lappuse - is the power of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.
131. lappuse - States is an officer of the court, he is nevertheless an executive official of the Government, and it is as an officer of the executive department that he exercises a discretion as to whether or not there shall be a prosecution in a particular case. It follows, as an incident of the constitutional separation of powers, that the courts are not to interfere with the free exercise of the discretionary powers of the attorneys of the United States in their control over criminal prosecutions.
332. lappuse - An independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel receives that may constitute grounds for an impeachment. Nothing in this chapter or section 49 of this title shall prevent the Congress or either House thereof from obtaining information in the course of an impeachment proceeding.