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28 U.S.C. § 593 — Duties of the division of the court
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reference to Division of the Court.—** The division of the court to which this chapter refers is the division established under [section 49 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section49&num=0&edition=prelim).
**(b) Appointment and Jurisdiction of Independent Counsel.—**
(1) **Authority.—** — Upon receipt of an application under section 592(c), the division of the court shall appoint an appropriate independent counsel and shall define that independent counsel’s prosecutorial jurisdiction.
(2) **Qualifications of independent counsel.—** — The division of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner. The division of the court shall seek to appoint as independent counsel an individual who will serve to the extent necessary to complete the investigation and any prosecution without undue delay. The division of the court may not appoint as an independent counsel any person who holds any office of profit or trust under the United States.
(3) **Scope of prosecutorial jurisdiction.—** — In defining the independent counsel’s prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the Attorney General has requested the appointment of the independent counsel, and all matters related to that subject matter. Such jurisdiction shall also include the authority to investigate and prosecute Federal crimes, other than those classified as Class B or C misdemeanors or infractions, that may arise out of the investigation or prosecution of the m
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Source location: Title 28, Chapter 40, § 593; chapter-040-independent-counsel.md
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**(a) Reference to Division of the Court.—** The division of the court to which this chapter refers is the division established under [section 49 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section49&num=0&edition=prelim).
**(b) Appointment and Jurisdiction of Independent Counsel.—**
(1) **Authority.—** — Upon receipt of an application under section 592(c), the division of the court shall appoint an appropriate independent counsel and shall define that independent counsel’s prosecutorial jurisdiction.
(2) **Qualifications of independent counsel.—** — The division of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and cost-effective manner. The division of the court shall seek to appoint as independent counsel an individual who will serve to the extent necessary to complete the investigation and any prosecution without undue delay. The division of the court may not appoint as an independent counsel any person who holds any office of profit or trust under the United States.
(3) **Scope of prosecutorial jurisdiction.—** — In defining the independent counsel’s prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the Attorney General has requested the appointment of the independent counsel, and all matters related to that subject matter. Such jurisdiction shall also include the authority to investigate and prosecute Federal crimes, other than those classified as Class B or C misdemeanors or infractions, that may arise out of the investigation or prosecution of the matter with respect to which the Attorney General’s request was made, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.
(4) **Disclosure of identity and prosecutorial jurisdiction.—** — An independent counsel’s identity and prosecutorial jurisdiction (including any expansion under subsection (c)) may not be made public except upon the request of the Attorney General or upon a determination of the division of the court that disclosure of the identity and prosecutorial jurisdiction of such independent counsel would be in the best interests of justice. In any event, the identity and prosecutorial jurisdiction of such independent counsel shall be made public when any indictment is returned, or any criminal information is filed, pursuant to the independent counsel’s investigation.
**(c) Expansion of Jurisdiction.—**
(1) **In general.—** — The division of the court, upon the request of the Attorney General, may expand the prosecutorial jurisdiction of an independent counsel, and such expansion may be in lieu of the appointment of another independent counsel.
(2) **Procedure for request by independent counsel.—**
(A) If the independent counsel discovers or receives information about possible violations of criminal law by persons as provided in section 591, which are not covered by the prosecutorial jurisdiction of the independent counsel, the independent counsel may submit such information to the Attorney General. The Attorney General shall then conduct a preliminary investigation of the information in accordance with the provisions of section 592, except that such preliminary investigation shall not exceed 30 days from the date such information is received. In making the determinations required by section 592, the Attorney General shall give great weight to any recommendations of the independent counsel.
(B) If the Attorney General determines, after according great weight to the recommendations of the independent counsel, that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court and the division of the court shall have no power to expand the jurisdiction of the independent counsel or to appoint another independent counsel with respect to the matters involved.
(C) If—
(i) the Attorney General determines that there are reasonable grounds to believe that further investigation is warranted; or
(ii) the 30-day period referred to in subparagraph (A) elapses without a notification to the division of the court that no further investigation is warranted,
the division of the court shall expand the jurisdiction of the appropriate independent counsel to include the matters involved or shall appoint another independent counsel to investigate such matters.
**(d) Return for Further Explanation.—** Upon receipt of a notification under section 592 or subsection (c)(2)(B) of this section from the Attorney General that there are no reasonable grounds to believe that further investigation is warranted with respect to information received under this chapter, the division of the court shall have no authority to overrule this determination but may return the matter to the Attorney General for further explanation of the reasons for such determination.
**(e) Vacancies.—** If a vacancy in office arises by reason of the resignation, death, or removal of an independent counsel, the division of the court shall appoint an independent counsel to complete the work of the independent counsel whose resignation, death, or removal caused the vacancy, except that in the case of a vacancy arising by reason of the removal of an independent counsel, the division of the court may appoint an acting independent counsel to serve until any judicial review of such removal is completed.
**(f) Attorneys’ Fees.—**
(1) **Award of fees.—** — Upon the request of an individual who is the subject of an investigation conducted by an independent counsel pursuant to this chapter, the division of the court may, if no indictment is brought against such individual pursuant to that investigation, award reimbursement for those reasonable attorneys’ fees incurred by that individual during that investigation which would not have been incurred but for the requirements of this chapter. The division of the court shall notify the the 11 So in original. independent counsel who conducted the investigation and Attorney 22 So in original. Probably should be preceded by “the”. General of any request for attorneys’ fees under this subsection.
(2) **Evaluation of fees.—** — The division of the court shall direct such independent counsel and the Attorney General to file a written evaluation of any request for attorneys’ fees under this subsection, addressing—
(A) the sufficiency of the documentation;
(B) the need or justification for the underlying item;
(C) whether the underlying item would have been incurred but for the requirements of this chapter; and
(D) the reasonableness of the amount of money requested.
**(g) Disclosure of Information.—** The division of the court may, subject to section 594(h)(2), allow the disclosure of any notification, application, or any other document, material, or memorandum supplied to the division of the court under this chapter.
**(h) Amicus Curiae Briefs.—** When presented with significant legal issues, the division of the court may disclose sufficient information about the issues to permit the filing of timely amicus curiae briefs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
**(b)** Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
**(c)** In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
**(d)** The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
**(e)** Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
**(f)** Except as otherwise provided in chapter 40 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 40 of this title involving an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter whic
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preliminary Investigation With Respect to Certain Covered Persons.—** The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.
**(b) Persons to Whom Subsection (a) Applies.—** The persons referred to in subsection (a) are—
(1) the President and Vice President;
(2) any individual serving in a position listed in [section 5312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5312&num=0&edition=prelim);
(3) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim);
(4) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under [section 5314 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim);
(5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue;
(6) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; and
(7) any individual who held an office or position described i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Returns and return information shall be confidential, and except as authorized by this title—
(1) no officer or employee of the United States,
(2) no officer or employee of any State, any local law enforcement agency receiving information under subsection (i)(1)(C) or (7)(A), any tribal or local child support enforcement agency, or any local agency administering a program listed in subsection (l)(7)(D) who has or had access to returns or return information under this section or section 6104(c), and
(3) no other person (or officer or employee thereof) who has or had access to returns or return information under subsection (c), subsection (e)(1)(D)(iii), paragraph (10), (13), (14), or (15) of subsection (k), paragraph (6), (8), (10), (12), (13) (other than subparagraphs (D)(v) and (D)(vi) thereof), (16), (19), (20), or (21) of subsection (l), paragraph (2) or (4)(B) of subsection (m), or subsection (n),
shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section. For purposes of this subsection, the term “officer or employee” includes a former officer or employee.
**(b) Definitions** For purposes of this section—
(1) **Return** — The term “return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of this title which is filed with the Secretary by, on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return so filed.
(2) **Return information** — The term “return information” means—
(
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Federal law — U.S. Code and appendices · legal_authorities
The United States attorneys may employ clerical assistants, messengers, and private process servers on approval of the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
Page 260
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 593
eral’s decision regarding such preliminary in-
vestigation as it relates to each of the matters
with respect to which the congressional re-
quest is made. If there is such a preliminary
investigation, the report shall include the date
on which the preliminary investigation began
or will begin.
(3) SUBMISSION OF INFORMATION IN RESPONSE
TO CONGRESSIONAL REQUEST.—At the same time
as any notification, application, or any other
document, material, or memorandum is sup-
plied to the division of the court pursuant to
this section with respect to a preliminary in-
vestigation of any matter with respect to
which a request is made under paragraph (1),
such notification, application, or other docu-
ment, material, or memorandum shall be sup-
plied to the committee making the request, or
to the committee on which the persons mak-
ing the request serve. If no application for the
appointment of an independent counsel is
made to the division of the court under this
section pursuant to such a preliminary inves-
tigation, the Attorney General shall submit a
report to that committee stating the reasons
why such application was not made, address-
ing each matter with respect to which the con-
gressional request was made.
(4) DISCLOSURE OF INFORMATION.—Any report,
notification, application, or other document,
material, or memorandum supplied to a com-
mittee under this subsection shall not be re-
vealed to any third party, except that the
committee may, either on its own initiative or
upon the request of the Attorney General,
make public such portion or portions of such
report, notification, application, document,
material, or memorandum as will not in the
committee’s judgment prejudice the rights of
any in
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