2013 US Code
Title 28 - Judiciary and Judicial Procedure
Part II - DEPARTMENT OF JUSTICE (§§ 501 - 599B)
Chapter 40 - INDEPENDENT COUNSEL (§§ 591 - 599)
Section 592 - Preliminary investigation and application for appointment of an independent counsel
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 40 - INDEPENDENT COUNSEL Sec. 592 - Preliminary investigation and application for appointment of an independent counsel |
Contains | section 592 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 95-521, title VI, §601(a), Oct. 26, 1978, 92 Stat. 1868; amended Pub. L. 97-409, §§2(a)(1), 4(b)-(e), Jan. 3, 1983, 96 Stat. 2039-2041; Pub. L. 100-191, §2, Dec. 15, 1987, 101 Stat. 1295; Pub. L. 103-270, §3(l), June 30, 1994, 108 Stat. 736. |
Statutes at Large References | 92 Stat. 1868 96 Stat. 2039-2041 101 Stat. 1295 108 Stat. 736 |
Public Law References | Public Law 95-521, Public Law 97-409, Public Law 100-191, Public Law 103-270 |
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(a)
(1)
(2)
(B)(i) The Attorney General shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that such person lacked the state of mind required for the violation of criminal law.
(ii) The Attorney General shall not base a determination under this chapter that there are no reasonable grounds to believe that further investigation is warranted, upon a determination that such person lacked the state of mind required for the violation of criminal law involved, unless there is clear and convincing evidence that the person lacked such state of mind.
(3)
(b)
(1)
(2)
(c)
(1)
(A) the Attorney General, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or
(B) the 90-day period referred to in subsection (a)(1), and any extension granted under subsection (a)(3), have elapsed and the Attorney General has not filed a notification with the division of the court under subsection (b)(1).
In determining under this chapter whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations.
(2)
(A) conduct such additional preliminary investigation as the Attorney General considers appropriate for a period of not more than 90 days after the date on which such additional information is received; and
(B) otherwise comply with the provisions of this section with respect to such additional preliminary investigation to the same extent as any other preliminary investigation under this section.
(d)
(e)
(f)
(g)
(1)
(2)
(3)
(4)
(Added Pub. L. 95–521, title VI, §601(a), Oct. 26, 1978, 92 Stat. 1868; amended Pub. L. 97–409, §§2(a)(1), 4(b)–(e), Jan. 3, 1983, 96 Stat. 2039–2041; Pub. L. 100–191, §2, Dec. 15, 1987, 101 Stat. 1295; Pub. L. 103–270, §3(l), June 30, 1994, 108 Stat. 736.)
AMENDMENTS1994—Subsec. (e). Pub. L. 103–270 inserted "or as is deemed necessary for law enforcement purposes" after "Except as otherwise provided in this chapter".
1987—Pub. L. 100–191 amended section generally, substituting provisions relating to preliminary investigation and application for appointment of an independent counsel for provisions relating to application for appointment of an independent counsel.
1983—Subsec. (a). Pub. L. 97–409, §4(b), designated existing provisions as par. (1), substituted, "Upon receiving information that the Attorney General determines is sufficient to constitute grounds to investigate that any person covered by the Act has engaged in conduct described in subsection (a) or (c) of section 591 of this title, the Attorney General" for "The Attorney General, upon receiving specific information that any of the persons described in section 591(b) of this title has engaged in conduct described in section 591(a) of this title,", inserted "In determining whether grounds to investigate exist, the Attorney General shall consider—(A) the degree of specificity of the information received, and (B) the credibility of the source of the information.", and added par. (2).
Subsec. (b)(1). Pub. L. 97–409, §§2(a)(1)(A), 4(c), substituted "that there are no reasonable grounds to believe that further investigation or prosecution is warranted" for "that the matter is so unsubstantiated that no further investigation or prosecution is warranted" and substituted "independent counsel" for "special prosecutor".
Subsec. (c)(1). Pub. L. 97–409, §§2(a)(1)(A), 4(d), substituted "finds reasonable grounds to believe that further investigation or prosecution is warranted" for "finds the matter warrants further investigation or prosecution" after "preliminary investigation", "that there are no reasonable grounds to believe that further investigation or prosecution is warranted" for "that the matter is so unsubstantiated as not to warrant further investigation or prosecution", and "independent counsel" for "special prosecutor", and inserted provision that in determining whether reasonable grounds exist to warrant further investigation or prosecution, the Attorney General shall comply with written or other established policies of the Department of Justice with respect to the enforcement of criminal laws.
Subsec. (c)(2). Pub. L. 97–409, §2(a)(1)(A), substituted "independent counsel" for "special prosecutor" in provisions following subpar. (B).
Subsec. (c)(2)(A). Pub. L. 97–409, §4(e)(1), substituted "information sufficient to constitute grounds to investigate" for "specific information" after "receives additional".
Subsec. (c)(2)(B). Pub. L. 97–409, §4(e)(2), substituted "reasonable grounds exist to warrant" for "such information warrants" after "appropriate, that".
Subsecs. (d)(1), (e), (f). Pub. L. 97–409, §2(a)(1), substituted "independent counsel" for "special prosecutor" and "independent counsel's" for "special prosecutor's" wherever appearing.
EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. L. 103–270 applicable with respect to independent counsels appointed before, on, or after June 30, 1994, see section 7(a) of Pub. L. 103–270, set out as an Effective Date of 1994 Amendment; Transition Provisions note under section 591 of this title.
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.
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