An Amendment to the Justice Department Recognition Act of 2017 to make provision in relation to the powers and duties of Special Counsel; to amend Constitutional oversights in the powers of existing Special Counsel.
BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:
SECTION 1: The Justice Department Recognition Act of 2017 (“the Act”) shall be defined as: Justice Department Recognition Act of 2017
SECTION 2: The current section 3 of the Act shall become Section 4, likewise the current section 4 of the Act shall become Section 5.
SECTION 3: A new Section 3 shall be created.
(a) Section 3(a) shall state: “The Attorney General shall be able to appoint and remove Special Counsel in cases involving Department of Justice Employees or Senior Government Officials. The Attorney General must do so through a publicly accessible document (“Appointing Document”), naming the Special Counsel and the purpose of their investigation.”
(b) Section 3(a) i. shall state: “For the purposes of this section, Senior Government Official shall be defined as ‘The Governor, Lieutenant Governor, members of the Cabinet, members of the Judiciary (all circuits), the Speaker of the House, and the President Pro Tempore of the Senate.’”
(c) Section 3(b) shall state: “For one to be appointed as Special Counsel, they must be a Bar Certified Attorney for at least three months and a Citizen of the State of Firestone, with no felony criminal records and no more than three misdemeanour criminal records.”
(d) Section 3(c) shall state: “Appointed Special Counsel under this section shall be independent of the Department of Justice and the Executive Branch, and are only required to report directly to the Attorney General.”
(e) Section 3(d) shall state: “Appointed Special Counsel are empowered to investigate any and all events and offences in relation to the individual subject to investigation. The Attorney General may set out additional parameters for the investigation in the Appointing Document.”
(f) Section 3(e) shall state: “Appointed Special Counsel are empowered to request the presence of any individual or information (not subject to applicable Classification Statutes) within the Executive or Legislative Branch, if that individual or information is more likely than not to have information substantial to the investigation (including witnesses to alleged incidents). It shall be considered Obstruction of Justice to refuse to attend after seven days of the request being sent - unless on a valid leave of absence - however, it shall be at the discretion of the Attorney General if such charge is filed.”
(g) Section 3(f) shall state: “Upon the conclusion of their investigation, Appointed Special Counsel are required to deliver a report to the Attorney General. The Attorney General is then required to release such a report to the public, after any necessary redactions (as in accordance with applicable Classification Statutes). Should charges be pursued, the Attorney General may allow Appointed Special Counsel to prosecute such a case. Otherwise, the Special Counsel shall be disbanded.”
(h) Section 3(g) shall state: “Congress may compel the Attorney General to remove a Special Counsellor for reasons of treason, bribery, gross misconduct, ineptitude, neglect of duty, or commission of a felony or misdemeanour as defined by law, through a Joint Resolution of Congress. Upon the passage of a Joint Resolution, the Attorney General is obliged to remove the Special Counsellor in question within 48 hours.”
SECTION 4: Section 2, sub-section a of the Act currently states, “The Firestone Department of Justice shall be the main entity responsible for prosecuting criminal cases. The Firestone Department of Justice and the Governor may allow legal offices that are legally and officially established by inferior governments, as defined by the Constitution, to prosecute criminal cases based on State law. These legal offices may not prosecute criminal cases based on State law without this permission.
Additionally, should it be necessary for the Attorney General to be prosecuted for a criminal
offense, a special prosecutor shall be appointed by the Governor who shall be vested with
the power to prosecute the criminal case against the Attorney General. The special
prosecutor must be a bar certified attorney. The special prosecutor shall not be considered
to be employed by, or functioning under, the executive branch, but acting independently
under the authority of their office. The special prosecutor may be removed via the normal
impeachment process.”
SECTION 5: Section 2, sub-section a of the Act shall now state, “The Firestone Department of Justice shall be the main entity responsible for prosecuting criminal cases. The Firestone Department of Justice and the Governor may allow legal offices that are legally and officially established by inferior governments, as defined by the Constitution, to prosecute criminal cases based on State law. These legal offices may not prosecute criminal cases based on State law without this permission.
Additionally, should it be necessary for the Attorney General to be prosecuted for a criminal
offense, a special prosecutor shall be appointed by the Governor who shall be vested with
the power to prosecute the criminal case against the Attorney General. The special
prosecutor must be a bar certified attorney. To allow for the Special Prosecutor to file charges in accordance with the Constitution, the Special Prosecutor shall be considered to be employed under the Department of Justice, with protection from disciplinary action within the department. The special prosecutor may be removed via the normal impeachment process.”
**SECTION 6: **This amendment shall go into effect immediately upon completion of the required constitutional process.
SECTION 7: Should any part of this amendment be declared unconstitutional or otherwise struck down, the remainder shall stay in effect.
Respectfully submitted to the Congress of the State of Firestone.
CHIEF SPONSOR:
AlexTheAviatorRBLX
Representative for the 1st District
CO-SPONSORS:
The Hon. Wolf_RBX, Esq.
Attorney General, Author
ADMIRAL_RICKY
Speaker of the House, Representative for the 5th District
Automationeer, Esq.
Senator for Greendale
DiazEdmundo
Senator for Arborfield
iiVortex_RBLX
Representative for the 2nd District
Jacobbron
Representative for the 4th District
BlueLineEnforcement
Representative for the 7th District
GeneralCount
Representative for the 8th District
Tamehkd
Representative for the 9th District
Donxld
Representative for the 10th District