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ARTICLE · 07 JUNE 2017

Trending Wonkology: What Is 'Special Counsel'?

Prior to Watergate, there was no formal process or requirement for the appointment of special counsel. As a result, appointments were ad hoc.

United StatesLitigation, Mediation & Arbitration

Special Counsel

Definition: A person appointed by the U.S. Attorney General, or their designee, in cases where an internal investigation may present a conflict of interest or when it may be in the public interest.

'I Shot the Sheriff'

Prior to Watergate, there was no formal process or requirement for the appointment of special counsel. As a result, appointments were ad hoc. Special counsel were appointed during the administrations of Presidents Grant, Garfield, Teddy Roosevelt, and Coolidge to investigate scandals, with varying results.

Following allegations that President Nixon's aides were responsible for the break-in at the Watergate and facing increasing political pressure from Congress, Nixon ordered the Attorney General to appoint Archibald Cox, a former U.S. Solicitor General under Presidents Kennedy and Johnson, to serve as special counsel to investigate the allegations. In a tense standoff following Cox's request for Nixon to turn over White House

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