United States Department of Justice Office of Special Counsel

The Office of Special Counsel was a prosecutorial unit within the United States Department of Justice that operated from 1978 until the expiration of its statutory authority on December 31, 1999. Created by the Ethics in Government Act of 1978, the office enabled the appointment of an independent counsel—a lawyer outside the Department's ordinary chain of command—tasked with investigating and, when warranted, prosecuting allegations of misconduct by high‑level federal officials.

When the relevant provisions of the Act lapsed, the position was supplanted by the role of special counsel established under 28 CFR part 600. Those regulations—drafted in 1999 by then‑Acting Solicitor General Neal Katyal—authorize the attorney general (or acting attorney general) to appoint a special counsel whenever a matter presents a conflict of interest for the Department or when an outside prosecutor would better serve the public interest.

Under the now‑defunct statute, an independent counsel was required—pursuant to 28 U.S.C. § 595—to submit a comprehensive final report to the United States Congress explaining investigative findings and the rationale for any prosecutorial decisions.