In Re Sealed Case

838 F.2d 476 (1988), rev'd sub nom. Morrison v. Olson, 487 U.S. 654 (1988)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

James McKay was appointed as an independent counsel. When he resigned, Alexia Morrison replaced him. Three former government officials challenged the authority of a federal prosecutor, the independent counsel, appointed under the provisions of the Ethics in Government Act of 1978 to issue subpoenas to compel testimony before a grand jury concerning actions taken while they served in government position. The independent counsel was appointed by the Special Court. It was opposed on the grounds that the independent counsel was a principal officer and could only be appointed by the President.