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Starr: A Reassessment

Benjamin Wittes

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300092523
eISBN:
9780300127485
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300092523.001.0001
Subject:
Law, Legal History

How is Kenneth Starr's extraordinary term as independent counsel to be understood? Was he a partisan warrior out to get the Clintons, or a savior of the Republic? An unstoppable menace, an unethical ... More


Images of Starr

Benjamin Wittes

in Starr: A Reassessment

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300092523
eISBN:
9780300127485
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300092523.003.0001
Subject:
Law, Legal History

This chapter discusses Kenneth Starr's address at George Washington University attacking one of Watergate's most important legislative offspring: the now-defunct independent counsel law under which ... More


The Modern Debate

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the most significant modern fight about the removal power and the unitary executive—one that centered on Congress's effort after 1978 to use independent counsels or prosecutors ... More


The World Watergate Made

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0005
Subject:
Political Science, American Politics

In the aftermath of Richard Nixon’s resignation, public confidence in politicians and government institutions cratered. To address this crisis, Congress passed the Ethics in Government Act of 1978. ... More


Can Congress Protect Special Prosecutors from the President?

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0010
Subject:
Political Science, American Politics

Can Congress constitutionally restrict the president’s power to remove a special prosecutor? In a 1988 case called Morrison v. Olson, a nearly unanimous Supreme Court held that the answer was yes. ... More


The Vision Thing: George H. W. Bush and Clinton

Harold H. Bruff

in Untrodden Ground: How Presidents Interpret the Constitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780226211107
eISBN:
9780226211244
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226211244.003.0013
Subject:
Law, Constitutional and Administrative Law

George H.W. Bush pursued an aggressive and competent foreign policy. He intervened unilaterally to force regime change in Panama. After Iraq invaded Kuwait, he assembled a coalition of nations and ... More


A New Balance

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0006
Subject:
Political Science, American Politics

After the ordeal of Bill Clinton’s impeachment, few wished to resurrect a strongly independent special prosecutor. But nor did anyone wish to return to the wholly unregulated approach of the previous ... More


Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Andrew Coan

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.001.0001
Subject:
Political Science, American Politics

The first special prosecutor was appointed by President Ulysses S. Grant in 1875. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual ... More


Epilogue: A Double-Edged Sword

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0011
Subject:
Political Science, American Politics

The history and law of special prosecutors teach a single overarching lesson. The rule of law is as strong as the American people choose to make it—and no stronger. In some sense, this is heartening. ... More


Introduction

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0001
Subject:
Political Science, American Politics

How did special prosecutors come to exercise significant power, despite serving purely at the pleasure of the president? Why has the United States rejected stronger institutional safeguards of the ... More


Can the President Be Compelled to Testify under Oath?

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0008
Subject:
Political Science, American Politics

Executive privilege is a doctrine closely akin to attorney-client privilege that allows presidents to resist judicial demands for evidence or testimony under hazily defined circumstances. It is ... More


A Special Kind of Prosecutor

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0002
Subject:
Political Science, American Politics

This chapter explains the unique role that special prosecutors play in the American constitutional system. Their job is to ensure that even the highest government officials are not above the law. ... More


The First One Hundred Years

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0003
Subject:
Political Science, American Politics

Between 1875 and 1973, five different presidents appointed special prosecutors to investigate all manner of high-level official corruption. This chapter tells the stories of three such ... More


A Cancer on the Presidency

Andrew Coan

in Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190943868
eISBN:
9780190948184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190943868.003.0004
Subject:
Political Science, American Politics

This chapter recounts the special prosecutor investigation that forced Richard Nixon to resign the presidency on August 8, 1974. On the surface, this outcome seems distinctly improbable. Nixon ... More


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