Number: RS21198 Title: Independent Counsel or Special Prosecutor for the Enron Investigation Authors: Jack Maskell, American Law Division Abstract: There have been within the media, as well as in other public commentary, calls for the appointment of, variously, an independent counsel, a special prosecutor, or a special counsel to conduct the criminal investigation of the so-called "Enron matter." There is at the current time no statutory mechanism existing under federal law for the appointment of an independent counsel, as that provision of law was allowed to expire. No independent counsel or special prosecutor may, therefore, be appointed by a neutral three-judge panel upon the request of the Attorney General. The Attorney General himself, however, may name his own special counsel, and may establish the framework and limits of this counsel's prosecutorial jurisdiction for an investigation which would be conducted under the ultimate control and review of the Attorney General. Pages: 6 Date: Updated April 15, 2002