The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.
Christopher H. Schroeder,
Putting Law and Politics in the Right Places — Reforming the Independent Counsel Statute,
62 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol62/iss1/6