United States v. Cowan

Cowan (defendant) and his co-defendant Jacobsen were indicted in Texas for fraudulent misuse of savings and loan funds, and Jacobsen was separately indicted in the District of Columbia related to Watergate. Jacobsen struck a plea deal in which the government agreed to drop the Watergate-related charges and dismiss the Texas indictment in exchange for his testimony against other defendants, but the Texas district court refused to dismiss the indictment, appointing special prosecutors to proceed against Jacobsen instead over the government's objection. The United States appealed the district court's order appointing special prosecutors, arguing that under separation of powers principles the Executive Branch had unreviewable authority to dismiss the prosecution.