One Hand Clapping

Resurrect the Independent Counsel?
That is exactly what Sen. Tom Daschle (D-SD) persistently called for on Paula Zahn’s show on CNN tonight. He said that only an independent counsel could investigate fairly the allegations regarding the Valerie Plame affair. I am going to presume that by now everyone knows what that issue is about, and won’t waste space re-describing it.)

The office of independent counsel was abolished in 1999 when the Congress refused to renew its establishing legislation. The legislation expired and the authority for the IC expired along with it.

Here is what was said about the independent counsel at the time:

"For 180 years, we had a good system. It can work. It can work again. We don't need this independent counsel statute." Sen. Christopher Dodd (D-Connecticut)

This law has been a noble experiment - an experiment that has been tried, and that has failed. It deserves a peaceful demise and an honorable burial.

This statute is doing immense damage - to the constitution’s critical checks and balances, to respect for the rule of law, to respect for the ideal of public service, and to the reputations of individuals who seek to serve in high-level government positions.

This law has not simply been ineffectual. It has had an effect directly contrary to its lofty purposes. Instead of restoring public trust, it has sewn cynicism. Instead of taking politics out investigations, it has politicized the criminal law enforcement process. Instead of improving political discourse, it has criminalized the political process. Senator Dodd Statement on Independent Counsel Act, February 23, 1999

"The time has come for us to close the books and try to find another way within the Justice Department itself to handle these responsibilities." Sen. Daschle

"But the independent counsel law, while working most of the time, has also been abused by a few overzealous prosecutors. These prosecutors have made it apparent that before we reauthorize an independent counsel law, it needs to be dramatically revised to prevent a reoccurrence of the abuses we've seen." Sen. Carl Levin, CONGRESSIONAL RECORD, Thursday, June 29, 1999

"In a system based on checks and balances, the independent counsel has on too many occasions become a tyrant," Durbin said. "Once created, these prosecutors can continue indefinitely — investigating far afield, spending tax dollars without accountability, engaging in outrageous tactics, playing politics and ruining the lives of innocent people." Sen. Dick Durbin (D-IL), February 23, 1999

by Donald Sensing, 9/30/2003 07:39:37 PM. Permalink |

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