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Government,
Constitutional Law

May 27, 2017

Special counsel and avoiding constitutional calamity

A constitutional calamity has been averted with the appointment of Special Counsel Robert Mueller. The clamoring of congressional threats to exhume the constitutionally dubious, overused and ineffective independent counsel statue has subsided.

Steven D. Reske

Steven has published numerous articles on constitutional law and investigations of the executive branch, including interviews with Special Prosecutor Archibald Cox and Independent Counsels Laurence Walsh and Ken Starr. Reske clerked for the U.S. Court of Appeals, worked at Faegre & Benson and Sidley & Austin, was legal editor-at-large for Minnesota Law & Politics, and an editor of The American Journal of Law & Medicine.

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A constitutional calamity has been averted with the appointment of Special Counsel Robert Mueller. The clamoring of congressional threats to exhume the constitutionally dubious, overused and ineffective independent counsel statute has subsided.

Before the appointment by Deputy Attorney General Rod J. Rosenstein, calls in Congress for a special counsel were intensifying. Some, Sen. Richard Blumenthal the most vocal, even issuing ultimatums. If the executive branch didn't appoint one,...

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