Steven Donziger v. United States of America, Brief of Professor Jennifer L. Mascott as Amicus Curiae in Support of Petitioner

Abstract

The Court should grant the Petition to address and resolve several important separation of powers questions raised by the lower courts’ approval of a blending of core executive and judicial powers in a single office of special prosecutor.

Further, the Court should grant review to address Federal Rule of Criminal Procedure 42’s method of appointment, which likewise blends both judicial and executive powers.

Keywords: Separation of Powers, Federal Rules of Criminal Procedure, Due Process, Constitutional Law, Special Prosecutors, Executive Power, Judicial Power, Appointments

JEL Classification: H1, H11, K14, K1, K4, K42