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Challenging The Rights Of Special Prosecutors


AN issue of constitutional law brought together two of the Reagan Administration’s most prominent and embattled veterans last week. In lawsuits filed less than a day apart, Michael K. Deaver and Lieut. Col. Oliver L. North, both under investigation by special prosecutors, challenged the constitutionality of the law that permitted the prosecutors’ appointments.

AN issue of constitutional law brought together two of the Reagan Administration’s most prominent and embattled veterans last week. In lawsuits filed less than a day apart, Michael K. Deaver and Lieut. Col. Oliver L. North, both under investigation by special prosecutors, challenged the constitutionality of the law that permitted the prosecutors’ appointments.

Mr. Deaver, the White House aide-turned-Washington lobbyist, faces indictment on perjury charges. A special prosecutor, Whitney North Seymour, was appointed last May to investigate conflict-of-interest charges involving Mr. Deaver’s lobbying. The indictment was blocked temporarily when a Federal judge agreed to consider the issues that Mr. Deaver raised.

Colonel North is at the center of a separate independent inquiry, conducted by Lawrence E. Walsh, into the Iran-contra affair.

According to most legal specialists, the suits are not frivolous. They raise an important constitutional question: Did Congress have the authority to grant prosecutorial powers to a court-appointed official who is not under the President’s control?

More : query.nytimes.com



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