In Re Sealed Case,

838 F.2d 476 (1988), rev'd sub nom. Morrison v. Olsen, 487 U.S. 654 (1988)

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Nature of the Case

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Facts

James McKay was appointed as an independent counsel. When he resigned, Alexia Morrison replaced him. Three former government officials challenged the authority of a federal prosecutor, the independent counsel, appointed under the provisions of the Ethics in Government Act of 1978 to issue subpoenas to compel testimony before a grand jury concerning actions taken while they served in government position. The independent counsel was appointed by the Special Court. It was opposed on the grounds that the independent counsel was a principal officer and could only be appointed by the President.