Congress passed Ethics in Government Act of 1978, which required the Attorney General, upon “sufficient grounds” to conduct a preliminary investigation of possible official violations of federal criminal law. The Attorney General then reported to a special division of the US court of appeals for DC Circuit, consisting of 3 judges appointed by CJ for 2-year terms, as to whether there were reasonable grounds to believe further investigation is warranted. If attorney general found reasonable grounds, she was required to apply to the Special Division for the appointment of an independent counsel Alexia Morrison was appointed to investigate possible obstruction of congressional investigationsA grand jury issued subpoenas to future solicitor general Ted OlsonOlson moved to quash the subpoenas on grounds that the Act was unconstitutional. Appointments clause does not permit congress to place power to appoint outside the executive branch (power to appoint
Morrison v. Olson (1988)
Supreme Court of the United States
487 U.S. 654
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