December 1983 · National edition

The Nation

A Clearer Reading of Special Counsel

A The Nation desk reading of special counsel, filed 1983-12.

From the file. Written for the paper dated December 1983. Opened in the public stacks July 14, 2026.

As the special counsel investigations continue to unfold, it is imperative to examine not only the implications of these inquiries but also the underlying motivations of the institutions that initiate and sustain them.

Photograph of President Reagan and Vice-President Bush meeting with General Secretary Gorbachev on Governor's Island...
Photograph of President Reagan and Vice-President Bush meeting with General Secretary Gorbachev on Governor's Island. Photo: National Archives

The Role of the Special Counsel

The appointment of a special counsel, often a response to allegations of misconduct within the highest levels of government, raises important questions regarding accountability and institutional integrity. As we navigate through the complex web of political maneuvering and legal procedures, it becomes clear that these investigations serve a dual purpose: to seek justice and to protect the interests of the very institutions that are supposed to uphold it.

In recent months, we have witnessed the appointment of special counsels in various cases, but the question remains - are these actions truly aimed at delivering justice, or are they primarily designed to shield the established order from scrutiny? The optics of such investigations can often overshadow their intended purpose, creating an environment where accountability is negotiated behind closed doors.

Donald Trump in the 1980s (cropped2)
Donald Trump in the 1980s (cropped2). Photo: Library of Congress

Excesses of the Left

On the left, the fervor surrounding calls for special counsels can sometimes border on hysteria, as progressive factions push for investigations that may lack sufficient basis. This trend reflects a broader pattern of viewing every political misstep as a potential scandal worthy of legal inquiry. While it is essential to hold those in power accountable, the left must tread carefully to avoid diluting the seriousness of genuine misconduct by pursuing every perceived slight with the same vigor.

"The pursuit of justice should not become an end in itself; it must be grounded in the principles of due process and reason."

The left's zealous pursuit of special counsels risks creating a culture of suspicion that could undermine public confidence in legitimate oversight mechanisms. It is vital for progressives to distinguish between genuine wrongdoing and partisan disagreements, lest they fall into the trap of politicizing every investigation.

Excesses of the Right

On the other side of the aisle, the right has often reacted to these special counsel investigations with a defensive posture that seeks to delegitimize the inquiries outright. This reaction is rooted in a broader narrative that paints any scrutiny of conservative leaders as a politically motivated witch hunt. Such a stance not only stifles meaningful dialogue about accountability but also empowers a narrative that casts all legal investigations as partisan attacks.

"When institutions prioritize political loyalty over the rule of law, they jeopardize their own legitimacy and the trust of the public."

The right must recognize that the integrity of our institutions is paramount and that protecting individuals from scrutiny can ultimately erode the very foundations they seek to defend. A measured response to special counsel investigations is necessary - not one that dismisses them entirely, but one that engages with the facts and seeks to uphold the principles of justice.

Institutional Protectionism

At the heart of the special counsel mechanism lies a troubling truth: institutions often prioritize their own survival over genuine accountability. Whether through bureaucratic inertia or outright obstruction, there is a tendency for institutions to close ranks and protect their own. This reality complicates the public’s understanding of what it means to hold power accountable.

For example, when a special counsel is appointed, the expectation is that they will operate independently and without fear or favor. However, the reality can be quite different. The pressures from the very institutions that appointed them often lead to compromises that dilute their effectiveness. This phenomenon raises concerns about the integrity of the entire process and suggests that, at times, the mechanisms designed to ensure accountability can become tools for institutional self-preservation instead.

The challenge for our democracy is to strike a balance between the need for accountability and the imperative to protect the institutions that underpin our governance. Robust mechanisms for oversight must be established, ensuring that special counsels can operate without undue influence from the very entities they are tasked with investigating.

Conclusion

As we enter a new year, the discourse surrounding special counsels will undoubtedly evolve. It is essential for both sides of the political spectrum to engage in a more nuanced dialogue about the purpose and function of these investigations. The pursuit of justice should not become an end in itself; it must be grounded in the principles of due process and reason. Only then can we hope to maintain the integrity of our institutions and restore public trust in the processes that govern us.

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