When the current Independent Counsel Law expires on June 30, there isn't likely going to be anything waiting to take its place. This is just as well. The law, which was first enacted in 1978 after the Watergate era, hasn't resolved the issues that led to its creation. Both Republicans and Democrats in Congress are unenthusiastic about trying to fix the law.
For 202 years, the nation managed to get along without independent counsels during periods of government corruption that make Watergate and even the whole Clinton administration pale by comparison. Unfortunately, history books tend to downplay those episodes, some involving high-level officials in the very earliest administrations.
Instead of relying on independent counsels prior to 1978, there were other orderly mechanisms for dealing with alleged corruption in high places. Those mechanisms will once again serve their purposes after June 30.
Harking back to the Watergate days, it can be said that Congress carried out its responsibilities rather admirably, leading to a House Judiciary Committee vote to impeach President Nixon. That decision was based on the hard work and diligence of members of Congress and their staffs.
It must not be forgotten, now that the concept has all but run its course, that it was Democrats who gave us independent counsels. Now it is Democrats, including the chief Democrat himself, who are leading the effort to scrap the system. Most Republicans as well are finding little reason to salvage the law. The GOP was the first to complain about the law's abuses during the Iran-Contra investigation, which lasted a full seven years.
The Independent Counsel Law was allowed to lapse for 18 months during the early 1990s. It is ironic now to recall that the law was reinstated after a successful campaign by none other than President Clinton in 1994.
There is no need here to go into all the problems with the law that have been manifested over the years. Suffice to say that there are ample checks and balances in our federal government to deal with top-ranking officials who commit crimes. It can only be hoped that Congress will think long and hard about ever bringing back the Independent Counsel Law.
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