In re Sealed Case
United States Court of Appeals for the District of Columbia Circuit
838 F.2d 476, rev’d sub nom. Morrison v. Olson, 487 U.S. 654 (1988)
The Ethics in Government Act of 1978 let a special court (the Special Division) appoint an independent counsel to investigate federal officials at the attorney general's request, with the attorney general only able to remove the counsel "for cause" and only by petitioning the special court rather than directly. Independent Counsel Alexia Morrison (plaintiff), appointed to investigate obstruction allegations against Justice Department officials (defendants), sought subpoenas that Theodore Olson (defendant) moved to quash, arguing the independent-counsel provision violated separation-of-powers principles by vesting the judiciary with appointment and removal powers traditionally held by the president; the district court denied the motion, upheld the act, and held Olson in contempt, and he appealed.
Whether an independent counsel created under the Ethics in Government Act is a principal officer requiring presidential appointment, and whether the act's judicial-appointment and limited-removal scheme violates separation-of-powers principles.