Attorneysâ Fees Reimbursement Under the Independent Counsel Law (CRS Report for Congress)
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| Release Date |
March 9, 2000 |
| Report Number |
RL30468 |
| Report Type |
Report |
| Authors |
Jack Maskell, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Although the Independent Counsel law expired on June 30, 1999, the provisions of the law
remain
in effect for those investigations which were still ongoing at the time of the law's expiration. Under
the provisions of the law which had governed the selection, duties, and responsibilities of an
"independent counsel," an individual who was a "subject" of an independent counsel investigation,
and who was not indicted, could seek from the Government the reimbursement of "reasonable"
attorneys' fees incurred by the individual "during" that investigation which he or she would not have
incurred "but for" the provisions of the independent counsel law. Under such provision it may be
possible, for example, for President Clinton, if he remains unindicted, to seek reimbursement from
the court for reasonable attorneys' fees, incurred because of and during the independent counsel's
investigation, that he would not have incurred "but for" the provisions of the independent counsel
law. It may be noted that both President Reagan and President Bush, who were found to be
"subjects" of the independent counsel investigation in the so-called "Iran-Contra" matter, sought and
received reimbursement from the Government for some of their private attorneys' fees in that matter.
