28 U.S.C. § 593 : US Code - Section 593: Duties of the division of the court

Search 28 U.S.C. § 593 : US Code - Section 593: Duties of the division of the court

(a) Reference to Division of the Court. - The division of the
court to which this chapter refers is the division established
under section 49 of this title.
(b) Appointment and Jurisdiction of Independent Counsel. -
(1) Authority. - Upon receipt of an application under section
592(c), the division of the court shall appoint an appropriate
independent counsel and shall define that independent counsel's
prosecutorial jurisdiction.
(2) Qualifications of independent counsel. - The division of
the court shall appoint as independent counsel an individual who
has appropriate experience and who will conduct the investigation
and any prosecution in a prompt, responsible, and cost-effective
manner. The division of the court shall seek to appoint as
independent counsel an individual who will serve to the extent
necessary to complete the investigation and any prosecution
without undue delay. The division of the court may not appoint as
an independent counsel any person who holds any office of profit
or trust under the United States.
(3) Scope of prosecutorial jurisdiction. - In defining the
independent counsel's prosecutorial jurisdiction, the division of
the court shall assure that the independent counsel has adequate
authority to fully investigate and prosecute the subject matter
with respect to which the Attorney General has requested the
appointment of the independent counsel, and all matters related
to that subject matter. Such jurisdiction shall also include the
authority to investigate and prosecute Federal crimes, other than
those classified as Class B or C misdemeanors or infractions,
that may arise out of the investigation or prosecution of the
matter with respect to which the Attorney General's request was
made, including perjury, obstruction of justice, destruction of
evidence, and intimidation of witnesses.
(4) Disclosure of identity and prosecutorial jurisdiction. - An
independent counsel's identity and prosecutorial jurisdiction
(including any expansion under subsection (c)) may not be made
public except upon the request of the Attorney General or upon a
determination of the division of the court that disclosure of the
identity and prosecutorial jurisdiction of such independent
counsel would be in the best interests of justice. In any event,
the identity and prosecutorial jurisdiction of such independent
counsel shall be made public when any indictment is returned, or
any criminal information is filed, pursuant to the independent
counsel's investigation.
(c) Expansion of Jurisdiction. -
(1) In general. - The division of the court, upon the request
of the Attorney General, may expand the prosecutorial
jurisdiction of an independent counsel, and such expansion may be
in lieu of the appointment of another independent counsel.
(2) Procedure for request by independent counsel. - (A) If the
independent counsel discovers or receives information about
possible violations of criminal law by persons as provided in
section 591, which are not covered by the prosecutorial
jurisdiction of the independent counsel, the independent counsel
may submit such information to the Attorney General. The Attorney
General shall then conduct a preliminary investigation of the
information in accordance with the provisions of section 592,
except that such preliminary investigation shall not exceed 30
days from the date such information is received. In making the
determinations required by section 592, the Attorney General
shall give great weight to any recommendations of the independent
counsel.
(B) If the Attorney General determines, after according great
weight to the recommendations of the independent counsel, 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 expand the jurisdiction of the independent
counsel or to appoint another independent counsel with respect to
the matters involved.
(C) If -
(i) the Attorney General determines that there are reasonable
grounds to believe that further investigation is warranted; or
(ii) the 30-day period referred to in subparagraph (A)
elapses without a notification to the division of the court
that no further investigation is warranted,
the division of the court shall expand the jurisdiction of the
appropriate independent counsel to include the matters involved
or shall appoint another independent counsel to investigate such
matters.
(d) Return for Further Explanation. - Upon receipt of a
notification under section 592 or subsection (c)(2)(B) of this
section from the Attorney General that there are no reasonable
grounds to believe that further investigation is warranted with
respect to information received under this chapter, the division of
the court shall have no authority to overrule this determination
but may return the matter to the Attorney General for further
explanation of the reasons for such determination.
(e) Vacancies. - If a vacancy in office arises by reason of the
resignation, death, or removal of an independent counsel, the
division of the court shall appoint an independent counsel to
complete the work of the independent counsel whose resignation,
death, or removal caused the vacancy, except that in the case of a
vacancy arising by reason of the removal of an independent counsel,
the division of the court may appoint an acting independent counsel
to serve until any judicial review of such removal is completed.
(f) Attorneys' Fees. -
(1) Award of fees. - Upon the request of an individual who is
the subject of an investigation conducted by an independent
counsel pursuant to this chapter, the division of the court may,
if no indictment is brought against such individual pursuant to
that investigation, award reimbursement for those reasonable
attorneys' fees incurred by that individual during that
investigation which would not have been incurred but for the
requirements of this chapter. The division of the court shall
notify the the (!1) independent counsel who conducted the
investigation and Attorney (!2) General of any request for
attorneys' fees under this subsection.
(2) Evaluation of fees. - The division of the court shall
direct such independent counsel and the Attorney General to file
a written evaluation of any request for attorneys' fees under
this subsection, addressing -
(A) the sufficiency of the documentation;
(B) the need or justification for the underlying item;
(C) whether the underlying item would have been incurred but
for the requirements of this chapter; and
(D) the reasonableness of the amount of money requested.
(g) Disclosure of Information. - The division of the court may,
subject to section 594(h)(2), allow the disclosure of any
notification, application, or any other document, material, or
memorandum supplied to the division of the court under this
chapter.
(h) Amicus Curiae Briefs. - When presented with significant legal
issues, the division of the court may disclose sufficient
information about the issues to permit the filing of timely amicus
curiae briefs.