28 U.S.C. § 592 : US Code - Section 592: Preliminary investigation and application for appointment of an independent counsel

Search 28 U.S.C. § 592 : US Code - Section 592: Preliminary investigation and application for appointment of an independent counsel

(a) Conduct of Preliminary Investigation. -
(1) In general. - A preliminary investigation conducted under
this chapter shall be of such matters as the Attorney General
considers appropriate in order to make a determination, under
subsection (b) or (c), on whether further investigation is
warranted, with respect to each potential violation, or
allegation of a violation, of criminal law. The Attorney General
shall make such determination not later than 90 days after the
preliminary investigation is commenced, except that, in the case
of a preliminary investigation commenced after a congressional
request under subsection (g), the Attorney General shall make
such determination not later than 90 days after the request is
received. The Attorney General shall promptly notify the division
of the court specified in section 593(a) of the commencement of
such preliminary investigation and the date of such commencement.
(2) Limited authority of attorney general. - (A) In conducting
preliminary investigations under this chapter, the Attorney
General shall have no authority to convene grand juries, plea
bargain, grant immunity, or issue subpoenas.
(B)(i) The Attorney General shall not base a determination
under this chapter that information with respect to a violation
of criminal law by a person is not specific and from a credible
source upon a determination that such person lacked the state of
mind required for the violation of criminal law.
(ii) The Attorney General shall not base a determination under
this chapter that there are no reasonable grounds to believe that
further investigation is warranted, upon a determination that
such person lacked the state of mind required for the violation
of criminal law involved, unless there is clear and convincing
evidence that the person lacked such state of mind.
(3) Extension of time for preliminary investigation. - The
Attorney General may apply to the division of the court for a
single extension, for a period of not more than 60 days, of the
90-day period referred to in paragraph (1). The division of the
court may, upon a showing of good cause, grant such extension.
(b) Determination That Further Investigation Not Warranted. -
(1) Notification of division of the court. - If the Attorney
General, upon completion of a preliminary investigation under
this chapter, determines that there are no reasonable grounds to
believe that further investigation is warranted, the Attorney
General shall promptly so notify the division of the court, and
the division of the court shall have no power to appoint an
independent counsel with respect to the matters involved.
(2) Form of notification. - Such notification shall contain a
summary of the information received and a summary of the results
of the preliminary investigation.
(c) Determination That Further Investigation is Warranted. -
(1) Application for appointment of independent counsel. - The
Attorney General shall apply to the division of the court for the
appointment of an independent counsel if -
(A) the Attorney General, upon completion of a preliminary
investigation under this chapter, determines that there are
reasonable grounds to believe that further investigation is
warranted; or
(B) the 90-day period referred to in subsection (a)(1), and
any extension granted under subsection (a)(3), have elapsed and
the Attorney General has not filed a notification with the
division of the court under subsection (b)(1).
In determining under this chapter whether reasonable grounds
exist to warrant further investigation, the Attorney General
shall comply with the written or other established policies of
the Department of Justice with respect to the conduct of criminal
investigations.
(2) Receipt of additional information. - If, after submitting a
notification under subsection (b)(1), the Attorney General
receives additional information sufficient to constitute grounds
to investigate the matters to which such notification related,
the Attorney General shall -
(A) conduct such additional preliminary investigation as the
Attorney General considers appropriate for a period of not more
than 90 days after the date on which such additional
information is received; and
(B) otherwise comply with the provisions of this section with
respect to such additional preliminary investigation to the
same extent as any other preliminary investigation under this
section.
(d) Contents of Application. - Any application for the
appointment of an independent counsel under this chapter shall
contain sufficient information to assist the division of the court
in selecting an independent counsel and in defining that
independent counsel's prosecutorial jurisdiction so that the
independent counsel has adequate authority to fully investigate and
prosecute the subject matter and all matters related to that
subject matter.
(e) Disclosure of Information. - Except as otherwise provided in
this chapter or as is deemed necessary for law enforcement
purposes, no officer or employee of the Department of Justice or an
office of independent counsel may, without leave of the division of
the court, disclose to any individual outside the Department of
Justice or such office any notification, application, or any other
document, materials, or memorandum supplied to the division of the
court under this chapter. Nothing in this chapter shall be
construed as authorizing the withholding of information from the
Congress.
(f) Limitation on Judicial Review. - The Attorney General's
determination under this chapter to apply to the division of the
court for the appointment of an independent counsel shall not be
reviewable in any court.
(g) Congressional Request. -
(1) By judiciary committee or members thereof. - The Committee
on the Judiciary of either House of the Congress, or a majority
of majority party members or a majority of all nonmajority party
members of either such committee, may request in writing that the
Attorney General apply for the appointment of an independent
counsel.
(2) Report by attorney general pursuant to request. - Not later
than 30 days after the receipt of a request under paragraph (1),
the Attorney General shall submit, to the committee making the
request, or to the committee on which the persons making the
request serve, a report on whether the Attorney General has begun
or will begin a preliminary investigation under this chapter of
the matters with respect to which the request is made, in
accordance with subsection (a) or (c) of section 591, as the case
may be. The report shall set forth the reasons for the Attorney
General's decision regarding such preliminary investigation as it
relates to each of the matters with respect to which the
congressional request is made. If there is such a preliminary
investigation, the report shall include the date on which the
preliminary investigation began or will begin.
(3) Submission of information in response to congressional
request. - At the same time as any notification, application, or
any other document, material, or memorandum is supplied to the
division of the court pursuant to this section with respect to a
preliminary investigation of any matter with respect to which a
request is made under paragraph (1), such notification,
application, or other document, material, or memorandum shall be
supplied to the committee making the request, or to the committee
on which the persons making the request serve. If no application
for the appointment of an independent counsel is made to the
division of the court under this section pursuant to such a
preliminary investigation, the Attorney General shall submit a
report to that committee stating the reasons why such application
was not made, addressing each matter with respect to which the
congressional request was made.
(4) Disclosure of information. - Any report, notification,
application, or other document, material, or memorandum supplied
to a committee under this subsection shall not be revealed to any
third party, except that the committee may, either on its own
initiative or upon the request of the Attorney General, make
public such portion or portions of such report, notification,
application, document, material, or memorandum as will not in the
committee's judgment prejudice the rights of any individual.