Analysis

Could Mueller Report Swing The Pendulum On Independent Counsel?

Law360 (March 26, 2019, 11:58 PM EDT) -- Special counsel Robert Mueller's report on whether the Trump campaign was in cahoots with the Russian government has raised old questions about the independence of such investigations. But attorneys who have worked on similar inquiries, from Watergate to Whitewater, say there are no easy answers on how much autonomy their successors should have.

Since the 1970s, the pendulum has swung back and forth on who should oversee these prosecutors. After President Richard Nixon sought to end the Watergate probe, Congress passed the Ethics in Government Act to separate the executive branch from attorneys investigating it. But aggressive prosecutions in the 1980s and...

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