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Judge Kavanaugh’s Mainstream Views on Independent Counsels

Judge Kavanaugh’s views on independent counsels are widely shared by Democrats and Republicans
·       Justice Kagan on Scalia’s dissent in Morrison v. Olson, lambasting the independent counsel statute: “one of the greatest dissents ever written and every year it gets better.”
·       Eric Holder on statute: “too flawed to be renewed
Congress agreed that the independent counsel statute was flawed and let it expire in 1999
·       On the heels of the Whitewater investigation conducted by Independent Counsel Ken Starr targeting the Clintons, a Republican-controlled opted not to renew the flawed law
·       Democrat Senator Dick Durbin said at the time that independent counsels were “unchecked, unbridled, unrestrained, and unaccountable.”
Judge Kavanaugh advocated for a framework that promoted greater independence in investigations.
·       In a 1998 article, Judge Kavanaugh proposed a structure substantially similar to today’s special counsel framework.
·       Judge Kavanaugh’s proposal would also require Senate confirmation to insulate the special prosecutor from political attack.