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

19 Pages Posted: 23 Nov 2022

See all articles by Jennifer Mascott

Jennifer Mascott

George Mason University - Antonin Scalia Law School, Faculty

R. Trent McCotter

George Mason University - Antonin Scalia Law School, Faculty

Date Written: November 16, 2022

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

Suggested Citation

Mascott, Jennifer and McCotter, R. Trent, Steven Donziger v. United States of America, Brief of Professor Jennifer L. Mascott as Amicus Curiae in Support of Petitioner (November 16, 2022). Gray Center Separation of Powers Brief 22-13, Available at SSRN: https://ssrn.com/abstract=4283991

Jennifer Mascott (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
(703) 993-8168 (Phone)

R. Trent McCotter

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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