Alexia Morrison, Independent Counsel v. Theodore B. Olson case brief

Alexia Morrison, Independent Counsel v. Theodore B. Olson case brief summary
487 U.S. 654 (1988)

CASE SYNOPSIS

Appellant independent counsel challenged a decision of the United States Court of Appeals for the District of Columbia Circuit that reversed the trial court's decision and held that the independent counsel provisions of the Ethics in Government Act, 28 U.S.C.S. § 591 et seq, were invalid.

CASE FACTS
The Special Division appointed appellant as independent counsel to investigate appellees for violations of federal criminal laws pursuant to the Ethics in Government Act of 1978, 28 U.S.C.S § 591 et seq. Appellant caused a grand jury to issue and serve subpoenas on appellees. All three appellees moved to quash the subpoenas, claiming that the independent counsel provisions of the Act were unconstitutional.

DISCUSSION

• The trial court dismissed appellees' motions.  
• The appellate court reversed the decision when it found that the Act was invalid. The Supreme Court reversed the appellate court's decision when the Court found that: 
• (1) the Act did not violate the Appointments Clause for Congress to vest the appointment of independent counsel in the Special Division; 
• (2) the powers exercised by the Division under the Act did not violate U.S. Constitutional Article III; and 
• (3) the Act did not violate the separation-of-powers principle.

CONCLUSION

The Supreme Court reversed the decision of the appellate court and concluded that it did not violate the Appointments Clause for Congress to vest the appointment of independent counsel in the Special Division.

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