Abstract

1. T he P layers 12 2. Triggering Mechanisms 12 a. C overed persons 12 b. Threshold inquiry 13 c. Prelim inary investigation 14 d. Triggering of the Act by Congress 14 e. Other issues at the triggering stage 15 3. Appointment of an Independent Counsel 15 a. Application by the Attorney General 15 b. Special Division appointment and jurisdiction-defining procedures 16 c. Other issues in independent counsel appointment 17 4. The Independent Counsel 17 a. Investigative and prosecutorial powers 17 b. Relationship with the Department of Justice and Congress 17 c. Conclusion of the independent counsel's investigation 18 d. Other issues regarding the independent counsel 18 5. Miscellaneous Statutory Provisions 19 6. Important Issues Not Addressed in the Act 20 III. Analysis of the Triggering Provisions 21 A. Scope of the Categories of Covered Persons 21 1. Mandatory Covered Persons 22 2. Discretionary Covered Persons 23 3. Conclusions on the Range of Covered Persons 24

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