IN RE SEALED CASE
838 F.2d 476 (1988), rev'd sub nom. Morrison v. Olson, 487 U.S. 654 (1988)
NATURE OF THE CASE: This was a dispute over the constitutional authority of an
independent counsel to issue subpoenas to compel testimony before a grand jury.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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