Also known as: special prosecutors · special counsel
Written by attorneys · grounded in primary & secondary sources — see below
A lawyer appointed to investigate and, if justified, seek indictments in a particular case. When the appointee's duties and jurisdiction are narrowly confined to a single matter or individual, the role qualifies as an inferior officer under the Appointments Clause.
Sabrina Shah, a senior official at the Federal Public Health Agency, faces allegations of data manipulation in one specific program. Congress creates a special prosecutor position limited solely to crimes arising from that program. A panel of federal appellate judges appoints Solomon Silver to the role. The appointment satisfies the Appointments Clause because the narrow subject-matter and target restrictions render the position an inferior office.
Stephen Shaw, editor of a local newspaper, publishes articles accusing city officials of corruption and demanding a special grand jury. The articles prompt the appointment of a special prosecutor to investigate the officials' conduct. The prosecutor gathers evidence and presents it to the grand jury. The appointment proceeds without constitutional challenge because the role remains confined to the specific allegations in the articles.
Select any source to read its text and confirm it supports the definition.
Samuel Soto, a suspect in a drug investigation, moves to suppress evidence seized from his vehicle. A special prosecutor appointed for the narrow case presents the warrant application. The court upholds the search because the special prosecutor's limited authority aligns with established vehicle-search standards. Soto's motion fails and the evidence is admitted at trial.
Stella Shapiro, a reporter, testifies before a special grand jury convened by a special prosecutor investigating local officials. After the grand jury term ends, Shapiro seeks to publish her own testimony. The special prosecutor warns that disclosure would violate state law. Shapiro challenges the restriction and prevails because the prohibition on post-term disclosure violates the First Amendment.
Sean Steele, the special prosecutor investigating White House misconduct, issues a subpoena for presidential tape recordings. The President claims an absolute privilege to withhold the materials. The court rejects the claim of absolute privilege and orders production because the special prosecutor's demonstrated need for the evidence in a criminal proceeding outweighs the generalized assertion of confidentiality.
A special prosecutor qualifies as an inferior officer when duties and jurisdiction are limited to a narrow range of persons and subjects. Congress may then vest appointment in the judiciary rather than requiring presidential nomination and Senate confirmation. The limited scope prevents the role from exercising the broad ongoing authority of a principal officer.
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Yes. When the statute sharply confines the special prosecutor's authority to crimes arising from a single defined matter, the appointee is an inferior officer. Judicial appointment is therefore constitutionally permissible under the Appointments Clause.
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No. For-cause removal supplies independence but does not override the narrow subject-matter and single-target limitations that keep the role inferior. The limited duties and jurisdiction remain the controlling factors for Appointments Clause analysis.
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Expansion beyond the narrow mandate risks reclassification as a principal officer. The Appointments Clause would then require presidential nomination and Senate confirmation rather than judicial appointment.
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…to the political rights of the Constitution," Federalist No. 78, p. 465) who are guilty of abuse. Political pressures produced special prosecutors — for Teapot Dome and for Watergate, for example — long before this statute created the independent counsel. See Act of Feb. 8, 1924, ch. 16, 43 Stat. 5-6; 38 Fed. Reg. 30738 (1973). The…