§597 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

When an independent counsel has authority over a matter or has accepted it under section 594(e), the Department of Justice — including the Attorney General and all DOJ staff — must stop any investigations and court actions about that matter. The DOJ only continues if section 594(d)(1) requires it, or if the independent counsel gives written permission for the DOJ to keep investigating or going to court. The Attorney General or the Solicitor General may still submit a written legal argument to any court about legal questions in a case where an independent counsel is acting officially, including on appeal.

Title 28, §597

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Whenever a matter is in the prosecutorial jurisdiction of an independent counsel or has been accepted by an independent counsel under section 594(e), the Department of Justice, the Attorney General, and all other officers and employees of the Department of Justice shall suspend all investigations and proceedings regarding such matter, except to the extent required by section 594(d)(1), and except insofar as such independent counsel agrees in writing that such investigation or proceedings may be continued by the Department of Justice.

(b)Nothing in this chapter shall prevent the Attorney General or the Solicitor General from making a presentation as amicus curiae to any court as to issues of law raised by any case or proceeding in which an independent counsel participates in an official capacity or any appeal of such a case or proceeding.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1987—Pub. L. 100–191 amended section generally, substituting provisions relating to relationship with Department of Justice for substantially similar provisions. 1983—Pub. L. 97–409, § 2(a)(1)(A), substituted “independent counsel” for “special prosecutor” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 AmendmentAmendment by Pub. L. 100–191 effective Dec. 15, 1987, and applicable to proceedings initiated and independent counsels appointed on and after Dec. 15, 1987, see section 6 of Pub. L. 100–191, set out as a note under section 591 of this title.

§597 Relationship with Department of Justice