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This report provides information on the procedure for the appointment of an “independent
counsel,” a “special prosecutor,” or a “special counsel” to investigate and prosecute potential or
possible violations of federal criminal law by officials in the executive branch of the federal
government and in federal agencies. Specifically examined is the role or authority of Congress in
requiring an independent or special counsel investigation of executive branch officials.

Under the Constitution and its separation of powers principles and structure, Congress has no
direct role in federal law enforcement, nor in triggering or initiating the appointment of any
prosecutor for any particular matter (other than the advice and consent role of the Senate
regarding certain nominations made by the President). Congress, however, has recognized
inherent authority to conduct oversight hearings and legislative investigations by its committees
into misconduct, mismanagement, or any other malfeasance relating to the officers and agencies
of the executive branch of government to assure the government’s proper functioning, to assure
the proper expenditure of funds that Congress appropriates, and to explore the need for remedial
legislation. Revelations from such investigations and oversight, in addition to providing
information for remedial legislation, may contribute to the public pressure on the Administration
or Department of Justice to appoint an “independent” counsel or prosecutor to investigate
uncovered evidence or allegations of wrongdoing by persons in the Administration.