Special Counsel and Permanent Indefinite Appropriation
B-302582: Sep 30, 2004
- Full Report:
Permanent indefinite appropriation established to "pay all necessary expenses of investigations and prosecutions by independent counsels appointed pursuant to the provisions of 28 U.S.C. 591 et seq. or other law" is available to fund the expense of a United States Attorney appointed Special Counsel who possesses all the authority of the Attorney General to investigate alleged unauthorized disclosure of CIA employee's identity since the appropriation does not require the appointment of person from outside the government to serve as independent counsel. Further, regulation stating that special counsel shall be selected from outside the government does not have the force and effect of law and serve as a substantive limitation of the Attorney General's (or Acting Attorney General's) authority and may be waived.