A special prosecutor is a private lawyer appointed to investigate and prosecute government officials suspected of illegal activity, to avoid bias from government-employed prosecutors. Many countries use special prosecutors for this reason. Famous examples include Patrick Fitzgerald in the Scooter Libby case and Kenneth Starr in the Clinton scandals.
A special prosecutor is a private sector prosecutor’s attorney chosen to investigate, indict, and prosecute government officials. While prosecuting a government official suspected of illegal activity would normally fall to a U.S. attorney, district attorney, or attorney general, the close political relationship of one branch of government to another would suggest that a prosecution conducted by someone employed by the same government, or the branch of government itself may not be impartial. In these cases, the government can ask a private sector lawyer to act as a special prosecutor, so that there is no bias in prosecuting the case.
Many countries employ a special prosecutor when dealing with cases where a government official is accused. Bias may exist with lawyers already working for the government because they may have a direct relationship with the defendant, may have gained political power through the defendant’s political position, or may be employed by the defendant. On the other hand, if the government-employed prosecutor openly opposes the defendant’s political party, he can prosecute without trial. Therefore, in most cases, a special prosecutor must be employed so that there is no relationship between the defendant and the prosecutor.
In the 2006/2007 trials that accused Scooter Lib of leaking classified information about a member of the CIA, Patrick Fitzgerald was appointed special prosecutor. One special prosecutor with significant fame was Leon Jaworski, who was appointed prosecutor in the case of United States v. Nixon. Jaworski, after 11 months following the case, abruptly resigned. He was angry that President Ford had already pardoned former President Nixon before the trial concluded. Plus, as he’s stated in interviews since then, she missed his home in Texas.
Special Prosecutor Kenneth Starr was well known for going after President Clinton during the Whitewater scandal and then the Monica Lewinsky sex scandal. Although Starr as prosecutor impeached Clinton, the Senate voted to acquit him.
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