Legal Definitions - independent counsel

An independent counsel refers to a special prosecutor or attorney appointed to investigate and potentially prosecute cases that involve high-ranking government officials, particularly when there is a potential conflict of interest for the standard prosecutorial bodies (like the Department of Justice).

The purpose of appointing an independent counsel is to ensure impartiality, maintain public trust, and avoid any appearance of political influence or bias in sensitive investigations. This individual operates outside the usual chain of command within the executive branch, allowing them to conduct their work without interference from those they might be investigating.

Here are a few examples illustrating the role of an independent counsel:

• Investigation into a Cabinet Secretary: Imagine a scenario where the Secretary of Energy is accused of insider trading, using privileged information gained from their government position to make profitable stock trades. The Attorney General, who is a political appointee of the same presidential administration, might face public scrutiny if their department were to investigate one of their own. To ensure the investigation is perceived as fair and unbiased, an independent counsel could be appointed to lead the inquiry, free from any potential political pressure or conflicts of interest.

• Allegations Against White House Staff: Suppose serious allegations emerge that several senior White House advisors were involved in a scheme to illegally lobby foreign governments. Given the close proximity of these individuals to the President, the Department of Justice might be seen as having a conflict of interest if they were to investigate. In such a situation, an independent counsel would be appointed to conduct a thorough and impartial investigation, ensuring that justice is pursued without the appearance of political interference from the executive branch.

• Scandal Involving a Government Agency Head: Consider a situation where the director of a major federal agency is accused of misusing agency funds for personal gain and attempting to obstruct an internal audit. Because the agency director is a presidential appointee and works closely with other parts of the executive branch, the Attorney General might decide that an independent counsel is necessary. This ensures that the investigation into the director's conduct is conducted with complete autonomy and credibility, safeguarding public confidence in government accountability.