In 1978, in the aftermath of the Watergate scandal, Congress created the independent Office of Special Counsel. Through this office, independent prosecutors (also known as special prosecutors) investigate and, if necessary, prosecute high-ranking executive-branch officials suspected of violating the law.

Politicians and others advocate ethical conduct in government, but they disagree about whether the independent prosecutor statute effectively serves that purpose. According to critics, special prosecutor investigations do more to smear government officials than to probe unethical behavior. Former U.S. Supreme Court nominee Robert H. Bork writes, “The independent counsel damages lives and reputations in ways that few regular prosecutors ever could or would.” Bork argues that because they are given wide latitude in their investigations, prosecutors frequently and unjustly malign officials without levying charges against them.

In defense of the independent prosecutor system, proponents contend that appointing...