ARTICLE: Removing Conflicts from the Administration of Justice: Conflicts of Interest a... - 0 views
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Nye Frank on 28 Jun 10Copyright (c) 1990 Georgetown Law Journal Georgetown Law Journal ARTICLE: Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels Under the Ethics in Government Act. 1 October, 1990 79 Geo. L.J. 1 Author BETH NOLAN * Excerpt I. INTRODUCTION The independent counsel provisions of the Ethics in Government Act of 1978 2 are a reflection of one of our nation's most fundamental aspirations for government: that official decisions should be made in the interests of the common good, not in the narrow self-interests of the individuals in power. This aspiration in turn reflects some of the basic tenets of our constitutional faith: that we shall be bound only by a government of laws, no one shall be above the law, and each person shall receive equal justice under the law. To further this goal, the independent counsel provisions endeavor to guarantee that certain investigations and prosecutions are undertaken free of the compromising influence of the prosecutor's own political or personal interests. From this perspective, the aspiration of the independent counsel provisions is for the reign of the "rule of law." 3 The independent counsel provisions are both an expression of fealty to the rule of law and a concession to its elusiveness. To legislate that certain individuals and institutions may not investigate certain other individuals is to acknowledge that the rule of law is vulnerable to manipulation and abuse. Moreover, the independent counsel law reflects a fear that manipulation and abuse can occur even when intentions are noble, or at least not malevolent. This is the underlying theory of the law, which mandates recusal of the entire Department of Justice in a certain category of cases, without regard to the ability of the Department to undertake a ...