Special Investigations Involving US Presidents and Their Administrations Since 1973

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Overview

The A-Mark Foundation commissioned this report on special investigations involving presidents and those close to them following the May 17, 2017, appointment of Special Counsel Robert S. Mueller to investigate possible collusion among President Donald J. Trump, his presidential campaign, and Russia in the 2016 US presidential election.

This report effectively begins with the Watergate investigation of President Richard M. Nixon starting on May 19, 1973. There is some commentary for historical context on the appointment of the first special prosecutor investigation, initiated by President Ulysses S. Grant in 1875. Sarah Pruitt, “The Whiskey Ring and America’s First Special Prosecutor,” history.com, May 18, 2017, https://www.history.com/news/the-whiskey-ring-and-americas-first-special-prosecutor  This report concludes with the investigation into Trump’s 2016 presidential campaign, which ended on March 22, 2019.

Our criteria for the special investigations of the eight presidents included in this report versus the 24 investigations noted in the Appendix are as follows:

The eight special investigations beginning in 1973 were investigations by special prosecutors/independent counsels/special counsels that began with possible offense(s) tied directly or indirectly to the president in office, and the investigation of President Gerald R. Ford which began with the investigation of President Nixon. The other 24 special investigations in the Appendix either occurred prior to 1973, or seemingly involved personal behavior or actions not tied directly or indirectly to presidential administration business or action.

Excluded from this work entirely are investigations of presidents and their administrations that did not involve a special prosecutor, independent counsel, or special counsel, such as impeachment proceedings, which occur in the House of Representatives.

On November 18, 2022, Attorney General Merrick Garland announced the appointment of Jack Smith as a special counsel to oversee two ongoing criminal investigations into actions undertaken during the Trump administration. Smith was assigned to investigate whether there was any unlawful interference with the transfer of power following the 2020 presidential election or the certification of the Electoral College vote on, or around, January 6, 2021;United States Department of Justice, “Appointment of a Special Counsel,” justice.gov, November 18, 2022, https://www.justice.gov/opa/pr/appointment-special-counsel-0  as well as “the possible mishandling of classified documents and presidential records at Trump’s Mar-a-Lago estate.”Carrie Johnson and Ryan Lucas, “DOJ Names Jack Smith as Special Counsel to Oversee Trump Criminal Investigations,” npr.org, November 18, 2022, https://www.npr.org/2022/11/18/1137736663/special-counsel-trump-justice-department-jan-6-mar-a-lago

The investigations are still in progress as of February 8, 2024, and may be added to this report once concluded.

On January 12, 2023, Garland also appointed a special counsel to investigate documents with classified markings found by personal attorneys for President Joe Biden at the President’s home and private office. Former Justice Department official Robert K. Hur was tasked with examining the “possible unauthorized removal and retention of classified documents or other records.”Carrie Johnson, “A Special Counsel Will Probe Government Documents at Biden’s Home and Private Office,” NPR, January 12, 2023, https://www.npr.org/2023/01/12/1148425062/special-counsel-biden-classified-documents-robert-hur  On February 5, 2024, Hur released his final report, concluding that “no criminal charges are warranted in this matter.”Robert K. Hur, “Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr.,” justice.gov, February 2024, https://www.justice.gov/storage/report-from-special-counsel-robert-k-hur-february-2024.pdf

Summary: US Presidential Special Prosecutor / Independent Counsel / Special Counsel Investigations 1973 to 2019

The first special investigation of a US president occurred in 1875 in relation to the Whiskey Ring Scandal, a widespread scheme to defraud the government of tax revenue and raise campaign funds for President Ulysses S. Grant and other political candidates.Sarah Pruitt, “Ulysses S. Grant, the Whiskey Ring and America’s First Special Prosecutor,” history.com, May 18, 2017, https://www.history.com/news/the-whiskey-ring-and-americas-first-special-prosecutor  President Grant appointed John B. Henderson as special prosecutor to investigate the scandal, then fired him and appointed James Broadhead in his place. Grant was not the subject of investigation, but his private secretary, Orville E. Babcock, was indicted in the conspiracy. Grant testified to his innocence and Babcock was acquitted.Britannica, “Whiskey Ring,” britannica.com, accessed on March 28, 2018, https://www.britannica.com/topic/Whiskey-Ring  The cost of investigation was $65,684.85, which was an estimated $1,779,498.99 in 2023 dollars.The original cost of the investigation was $65,684.85, according to the St. Louis Republican, which was re-published in the Washington Law Reporter, page 42, on March 24, 1876  Calculated online at in2013dollars.com on January 11, 2023.

Calculated online at in2013dollars.com on January 11, 2023.

While other special investigations have occurred in US history (see Appendix A), this report focuses on eight special investigations with alleged offenses tied directly or indirectly to the president in office, starting with Watergate in 1973.

There have been nine completed presidential administrations since the beginning of Watergate to the date of this report, from Nixon to Trump. The only presidential administration that was not part of an investigation by a special prosecutor/independent counsel/special counsel was that of President Barack Obama.Sonam Sheth, “Obama is the Only President Since Nixon Who Didn’t Face an Independent Investigation,” businessinsider.com, October 23, 2017, https://www.businessinsider.com/obama-nixon-trump-russia-independent-investigation-2017-10?r=US&IR=T  The investigation of Gerald Ford was part of the Watergate investigation started during the Nixon administration.

[table id=12 /]

Chart Notes: See the following footnotes for notes a-u. a,George Lardner, Jr., “Cox Is Chosen as Special Prosecutor,” washingtonpost.com, May 19, 1973, https://www.washingtonpost.com/wp-srv/national/longterm/watergate/articles/051973-1.htm b,Watergate Special Prosecution Force, “Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 c,Calculated online at in2013dollars.com on January 18, 2023. Calculated for last year of investigation, 1977. d,Paul J. Curran, Special Counsel, “Investigation of Carter’s Warehouse and the National Bank of Georgia Report to the Congress of the United States,” Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 10/16/79 [1]; Container 135, jimmycarterlibrary.gov, October 16, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/135/SSO_148878_135_04.pdf e,Calculated online at in2013dollars.com on January 18, 2023. f,National Archives, “Records of Lawrence Walsh relating to Iran/Contra,” nationalarchives.gov, accessed on March 21, 2018, https://www.archives.gov/research/investigations/walsh.html g,Spencer C. Tucker, ed., “53. The Iran-Contra Report, August 4 1993 [Excerpts],” The Encyclopedia of Middle East Wars, books.google.com, page 1619, https://books.google.co.uk/books?id=U05OvsOPeKMC&printsec=frontcover&redir_esc=y#v=onepage&q&f=false h,Calculated online at in2013dollars.com on January 18, 2023. i,Elaine Sciolino, “Attorney General Names Prosecutor in Iraq-Loans Case,” New York Times, October 17, 1992, https://www.nytimes.com/1992/10/17/us/attorney-general-names-prosecutor-in-iraq-loans-case.html j,Ronald J. Ostrow and Douglas Frantz, “Ex-Judge to Investigate Iraq Loans : Probe: Frederick Lacey of New Jersey Will Explore Role of Justice Department and CIA in Scandal. Democrats Criticize Attorney General’s Plan.,” latimes.com, October 17, 1992, https://www.latimes.com/archives/la-xpm-1992-10-17-mn-216-story.html k,Times Wire Service, “Counsel Wraps Up Report on Iraq Loan Case Investigation,” latimes.com, December 9, 1992, https://www.latimes.com/archives/la-xpm-1992-12-09-mn-1721-story.html l,Calculated online at in2013dollars.com on January 18, 2023. m,Brooklyn College, “Whitewater Timeline,” academic.brooklyn.cuny.edu, accessed January 12, 2023, http://academic.brooklyn.cuny.edu/history/johnson/whitewatertimeline.htm n,GAO Report Number GAO-04-1014, “Financial Audit: Independent and Special Counsel Expenditures for the Six Months Ended March 31, 2004,” gao.gov, September 30, 2004, https://www.govinfo.gov/app/details/GAOREPORTS-GAO-04-1014 o,Calculated online at in2013dollars.com on January 18, 2023. p,Department of Justice Press Conference transcript, “Appointment of Special Prosecutor To Oversee Investigation Into Alleged Leak of CIA Agent Identity and Recusal of Attorney General Ashcroft From the Investigation,” fas.org, December 30, 2003, https://irp.fas.org/news/2003/12/doj123003.html q,“On December 11, 2007 the administration official dropped his appeal of his convictions. This matter is now concluded for all practical purposes, but the office of special counsel will continue for limited purposes, such as responding to Congressional requests for information,” according to GAO Report Number GAO-08-541 dated March 2008 titled “FINANCIAL AUDIT: Special Counsel Expenditures for the Six Months Ended September 30, 2007,” https://www.gao.gov/products/gao-08-541 r,Calculated online at in2013dollars.com on January 18, 2023. s,United States Department of Justice “Special Counsel’s Office: Related Court Documents,” justice.gov, accessed March 21, 2018, https://www.justice.gov/archives/sco-mueller t,William Barr via the New York Times, “Read William Barr’s Letter to Congress on the Mueller Report,” nytimes.com, March 22, 2019, https://www.nytimes.com/2019/03/22/us/politics/barr-letter-mueller.html u.Calculated online at in2013dollars.com on January 17, 2023.

Charts of Summary Metrics

A Summary of the Differences Among the Titles Special Prosecutor / Independent Counsel / Special Counsel

The titles for those tasked with conducting special investigations involving presidents and their administrations are sometimes used interchangeably in the media and other resources, but there is a difference among the official titles “Special Prosecutor,” “Independent Counsel,” and “Special Counsel.”

This is a brief summary of the history behind the titles for those leading investigations and how each is appointed, and does not delve into the details of the many steps that take place before a special investigation is initiated, such as an internal Department of Justice or FBI investigation or a conclusion by a congressional committee that recommends a more thorough investigation.

Prior to reform in 1978, presidents themselves were among the officials able to appoint and fire special investigators, as in the case of President Ulysses S. Grant, who appointed two and fired one during the Whiskey Ring scandal.Sarah Pruitt, “The Whiskey Ring and America’s First Special Prosecutor,” history.com, May 18, 2017, https://www.history.com/news/the-whiskey-ring-and-americas-first-special-prosecutor Those investigators held the title of “Special Prosecutor.”

In Watergate, Attorney General-designate Elliot L. RichardsonGeorge Lardner, Jr., “Cox Is Chosen as Special Prosecutor,” washingtonpost.com, May 19, 1973, https://www.washingtonpost.com/wp-srv/national/longterm/watergate/articles/051973-1.htm  appointed the special prosecutor. When President Richard M. Nixon initiated the firing of the special prosecutor through the attorney general’s office, Richardson resigned.Jeffrey Frank, “Comey’s Firing Is—and Isn’t—Like Nixon’s Saturday Night Massacre,” newyorker.com, May 9, 2017, https://www.newyorker.com/news/daily-comment/comeys-firing-is-and-isnt-like-nixons-saturday-night-massacre 

After Watergate, the method for choosing a special prosecutor was changed so that the president could not fire the person working on the investigation. The Ethics in Government Act of 1978, initially meant to last for five years but extended until 1999, was enacted. Under the rules of this statute, a three-judge panel assigned to the US Court of Appeals for the District of ColumbiaCongress.gov, "Public Law 95-521, 95th Congress," 92 Stat. 1824, congress.gov, October 26, 1978, https://www.congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg1824.pdf was now responsible for appointing a special prosecutor who would be independent from reprisal by the White House. Although the attorney general could not choose the investigator, they could still apply for the appointment of a special prosecutor under the statute.Congress.gov, "Public Law 95-521, 95th Congress," 92 Stat. 1824, congress.gov, October 26, 1978, https://www.congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg1824.pdf

The title of special prosecutor was retained until the subcommittee on Oversight of Government Management “proposed that the name ‘special prosecutor’ be changed to ‘independent counsel’ to remove the pejorative connotation of the investigation.”Subcommittee on Oversight of Government Management, “Special Prosecutor Provisions of Ethics In Government Act of 1978,” ojp.gov, October 1981, https://www.ojp.gov/ncjrs/virtual-library/abstracts/special-prosecutor-provisions-ethics-government-act-1978 In the Ethics in Government Act Amendments of 1982, “Special Prosecutor” was officially changed to “Independent Counsel.”House.gov, "Public Law 97-409, 97th Congress," 96 STAT. 2039, uscode.house.gov, January 3, 1983, https://uscode.house.gov/statutes/pl/97/409.pdf

Even though an independent counsel could now be appointed independent from the executive branch, attorneys general on at least two occasions directly appointed investigators who served as “Special Counsel,” which was still a viable choice under the statute and did not require approval by the three-judge panel.

An independent counsel could only be terminated by the attorney general, other than “impeachment and conviction,” for “good cause, physical or mental disability ... or any other condition that substantially impairs the performance of such independent counsel’s duties.”Cornell Law School, Legal Information Institute, “28 US Code § 596 - Removal of an Independent Counsel; Termination of Office,” law.cornell.edu, accessed on March 26, 2018, https://www.law.cornell.edu/uscode/text/28/596

The 1978 statute was amended, allowed to expire, and reauthorized over two decades until it finally expired in 1999. At that point, the Department of Justice established authority for the Attorney General to appoint a special counsel for special investigations. If the Attorney General is recused, the Acting Attorney General may make the appointment.Congressional Research Service, "Special Counsel Investigations: History, Authority, Appointment and Removal," crsreports.congress.gov, March 13, 2019, https://crsreports.congress.gov/product/pdf/R/R44857  Under the Department of Justice regulations, a special counsel may only be removed “for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.”Cornell Law School, Legal Information Institute, "28 CFR § 600.7 - Conduct and Accountability," law.cornell.edu, accessed March 31, 2022, https://www.law.cornell.edu/cfr/text/28/600.7

As of the date of this report, the current title for the investigator appointed for special investigations involving the White House directly or indirectly, like Robert Mueller’s investigation into the Trump campaign/Russia collusion, is “Special Counsel.” Constitutional scholars have disagreed on the question of whether a president can fire the special counsel. Some believe that a president could ask the Attorney General (or whoever appointed the Special Counsel) to fire the appointed investigator. If that person refused, the president could continue firing subordinates until he or she found someone willing to comply.Robert Farley, "Can Trump Fire Mueller?," factcheck.org, June 15, 2017, https://www.factcheck.org/2017/06/can-trump-fire-mueller/

Special Prosecutor / Independent Counsel / Special Counsel Investigations Involving US Presidents and their Administrations

Richard M. Nixon: Watergate

[table id=13 /]Chart Notes: See the following footnotes for notes a-o. a,George Lardner, Jr., “Cox Is Chosen as Special Prosecutor,” washingtonpost.com, May 19, 1973, https://www.washingtonpost.com/wp-srv/national/longterm/watergate/articles/051973-1.htm b,“IN RE SUBPOENA TO NIXON,” 360 F.Supp. 1 (D.D.C. 1973), casetext.com, August 29, 1973, https://casetext.com/case/in-re-subpoena-to-nixon c,The data for the “best estimates of the Watergate cost,” White House note, Office of Communications, nixonlibrary.com, June 7, 1974, https://www.nixonlibrary.gov/sites/default/files/virtuallibrary/documents/jul11/timmons36.pdf d,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up e,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up f,Total from “Watergate Appropriations During Ford Administration,” chart here. The appropriated funds were allocated under Public Law 93-433, October 5, 1974, https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg1187.pdf and Public Law 94-121, October 21, 1975, https://www.govinfo.gov/content/pkg/STATUTE-89/pdf/STATUTE-89-Pg611.pdf. g,The Harvard Crimson, “Bork Chooses Jaworski As Watergate Prosecutor,” thecrimson.com, November 2, 1973, https://www.thecrimson.com/article/1973/11/2/bork-chooses-jaworski-as-watergate-prosecutor/ h,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up i,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 j,John M. Crewdson, "New Watergate Prosecutor," New York Times, October 24, 1974, https://www.nytimes.com/1974/10/24/archives/new-watergate-prosecutor-henry-swartley-ruth-jr.html k,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 l,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 m,Total number of days for investigations calculated online: https://www.timeanddate.com/date/duration.html n,Calculated online at in2013dollars.com on January 18, 2023. o.Jerry Oppenheimer, “Special Prosecutor Was Just Fading Away When …” The Washington Star, October 3, 1996, available online at the Ford Library Museum in Digitized from Box 53 of the Philip Buchen Files, https://www.fordlibrarymuseum.gov/library/document/0019/26417157.pdf

1. Summary of the Investigation

After agents of the Committee to Re-Elect the President (CRP) broke into the Democratic National Committee headquarters in the Watergate building on June 17, 1972, and were convicted of “conspiracy, burglary, and wiretapping charges,”Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up allegations that high-level Nixon Administration officials might be connected eventually led to the appointment of Archibald Cox as special prosecutor on May 19, 1973, and the establishment of the Watergate Special Prosecution Force on May 25, 1973, the same day Archibald Cox was sworn in,Federal Register, Volume 38, Number 106, June 4, 1973, online at loc.gov, Page 14688, accessed on March 21, 2018, https://www.govinfo.gov/content/pkg/FR-1973-06-04/pdf/FR-1973-06-04.pdf to June 20, 1977,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 the firing of the first of four special prosecutors referred to as the “Saturday Night Massacre,”Andrew Cohen, “The Sad Legacy of Robert Bork,” theatlantic.com, December 19, 2012, https://www.theatlantic.com/politics/archive/2012/12/the-sad-legacy-of-robert-bork/266456/ and the subsequent resignation of President Richard M. Nixon.

2. Special Prosecutor/Independent Counsel/Special Counsel

• Archibald Cox – First Special Prosecutor of the Watergate Special Prosecution Force
• Leon Jaworski – Second Special Prosecutor after Cox fired by Nixon
• Henry S. Ruth Jr. – Third Special Prosecutor after Jaworski
• Charles F. C. Ruff – Fourth and final Special Prosecutor of the Watergate Special Prosecution Force

3. Dates of Investigation

First:

• START (Watergate investigation) – On May 19, 1973, Attorney General-designateGeorge Lardner, Jr., “Cox Is Chosen as Special Prosecutor,” washingtonpost.com, May 19, 1973, https://www.washingtonpost.com/wp-srv/national/longterm/watergate/articles/051973-1.htm  Elliot L. Richardson appointed Archibald Cox Watergate special prosecutor.George Lardner, Jr., “Cox Is Chosen as Special Prosecutor,” washingtonpost.com, May 19, 1973, https://www.washingtonpost.com/wp-srv/national/longterm/watergate/articles/051973-1.htm  On May 25, 1973,Federal Register, Volume 38, Number 106, June 4, 1973, online at loc.gov, Page 14688, accessed on March 21, 2018, https://www.govinfo.gov/content/pkg/FR-1973-06-04/pdf/FR-1973-06-04.pdf Richardson established Office of Watergate Special Prosecution Force and set out "Duties and Responsibilities of the Special Prosecutor."Federal Register, Volume 38, Number 106, June 4, 1973, online at loc.gov, Page 14688, accessed on March 21, 2018, https://www.govinfo.gov/content/pkg/FR-1973-06-04/pdf/FR-1973-06-04.pdf Those duties included “full authority” in several matters including investigation of “allegations involving the President.”
• END (Cox investigation) – The Cox investigation ended on October 20, 1973.Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5  Prior to the firing, on July 23, 1973, Cox, acting on behalf of the June 1972 grand jury, issued a subpoena to Nixon“IN RE SUBPOENA TO NIXON,” 360 F.Supp. 1 (D.D.C. 1973), casetext.com, August 29, 1973, https://casetext.com/case/in-re-subpoena-to-nixon for tapes and documents.The Watergate File, “Watergate [files]: Battle for the Tapes – Timeline,” fordlibrarymuseum.gov, accessed on March 21, 2018, https://www.fordlibrarymuseum.gov/museum/exhibits/watergate_files/content.php?section=3&page=d On October 19, 1973, Nixon ordered that Cox “seek no further litigation” but on October 20, Cox refused the president’s request and was fired by Acting Attorney General Robert Bork, referred to as the “Saturday Night Massacre.”Andrew Cohen, “The Sad Legacy of Robert Bork,” theatlantic.com, December 19, 2012, https://www.theatlantic.com/politics/archive/2012/12/the-sad-legacy-of-robert-bork/266456/ The Watergate Special Prosecution Force was taken over by the Department of Justice Criminal Division.Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 On November 1, 1973, Bork announced the second special prosecutor, and re-established the Watergate Special Prosecution Force on November 2, 1973.The Harvard Crimson, “Bork Chooses Jaworski As Watergate Prosecutor,” thecrimson.com, November 2, 1973, https://www.thecrimson.com/article/1973/11/2/bork-chooses-jaworski-as-watergate-prosecutor/

Second:

• START (Jaworski investigation) – On November 5, 1973,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up Leon Jaworski resumed the investigation.Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up On August 8, 1974, Nixon addressed the nation with intent to resign.Andrew Glass, “Nixon announces Intention to Resign, Aug. 8, 1974,” politico.com, August 8, 2017, https://www.politico.com/story/2017/08/08/nixon-announces-intention-to-resign-aug-8-1974-241371  On August 9, 1974, Nixon resigned.Matt Schudel, “Henry S. Ruth, Special Prosecutor During Watergate Probe, Dies at 80,” washingtonpost.com, March 24, 2012, https://www.washingtonpost.com/politics/whitehouse/henry-s-ruth-special-prosecutor-during-watergate-probe-dies-at-80/2012/03/23/gIQADKQuYS_story.html
• END (Jaworski investigation) – October 25, 1974,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up was Jaworski’s effective date of his resignation that he announced on October 12, 1974.Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 A third special prosecutor took over.

Third:

• START (Ruth investigation) – On October 26, 1974,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up Henry S. Ruth Jr., succeeded Jaworski.Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up
• END (Ruth investigation) – On October 1, 1975,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 Ruth leaves and Charles F. C. Ruff was named fourth special prosecutor.Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5

Fourth:

• START (Ruff investigation) – On October 17, 1975, Ruff was sworn in as part-time director.Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 During his time as special prosecutor, Ruff conducted an investigation into alleged misuse of political contributions by President Ford, and on October 14, 1976, Ruff concluded that there was no evidence of wrongdoing.Nicholas Horrock, “Prosecutor Reports No Violation By Ford On Political Funds,” nytimes.com, October 15, 1976, https://www.nytimes.com/1976/10/15/archives/prosecutor-reports-no-violation-by-ford-on-political-funds-ruff.html
• END of WATERGATE TASK FORCE – On June 20, 1977, Ruff finished his service as the last special prosecutor of the Watergate Special Prosecution Force and issued a final report dated June 1977.Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5

4. Conclusion

• September 8, 1974 - President Gerald Ford issued Nixon a full pardon.National Archives Foundation, “Richard Nixon’s Resignation Letter And Gerald Ford’s Pardon,” archivesfoundation.org, accessed January 18, 2023, https://www.archivesfoundation.org/documents/richard-nixon-resignation-letter-gerald-ford-pardon/
• October 26, 1978 - The Watergate investigation prompted a reform in appointments of special prosecutors in independent counsel investigations with the passage of the Ethics in Government Act of 1978.Jim Mokhiber, “A Brief History of the Independent Counsel Law,” PBS Frontline, May 1998, https://www.pbs.org/wgbh/pages/frontline/shows/counsel/office/history.html "This ultimately became known as United States Office of the Independent Counsel, and was used for major investigations like Iran-Contra during the Reagan years and Whitewater during the Clinton years, which ultimately led to Clinton’s impeachment."Alana Abramson, “Robert Mueller Was Just Named a Special Counsel. What's That?,” time.com, May 17, 2017, https://time.com/4774442/robert-mueller-special-counsel-independent-prosecutor-donald-trump-russia/ "Since then, 21 special investigations have been launched, with seven leading to convictions and five still active [1999]. The total cost passed $166 million through the last fiscal year."CNN AllPolitics, “From Watergate to Whitewater: History of the Independent Counsel,” cnn.com, June 30, 1999, https://edition.cnn.com/ALLPOLITICS/stories/1999/06/30/ic.history/
• The reform act expired in 1999: “Congress in 1978 passed a law in the wake of Watergate that allowed the appointment of ‘independent counsel’ by a three-judge panel of a Washington, D.C. appeals court at the request of the attorney general, but the law had five-year sunset provisions and was ultimately allowed to expire in 1999, according to the Congressional Research Service.”Phil Helsel, “‘Special Counsel’ Less Independent Than Under Expired Watergate-Era Law,” nbcnews.com, May 18, 2017, https://www.nbcnews.com/news/us-news/special-counsel-less-independent-under-expired-watergate-era-law-n761311

5. Cost of Investigation

• The Watergate investigation cost $6.5 million or more, according to the Washington Post article titled “Watergate Cost Tops $6 Million,” May 21, 1974.Article scanned and posted on jfk.hood.edu, hood.edu is the web address for Hood College in Maryland, and the copy of the article is part of The Harold Weisberg Archive, Digital Collection - Carroll Kilpatrick, "Watergate Cost Tops $6 Million, Washington Post, May 21, 1974, http://jfk.hood.edu/Collection/White%20Materials/Watergate/Watergate%20Items%2014276%20to%2014540/Watergate%2014495.pdf
• “‘The White House office does not maintain accounting or other records which would permit us to obtain precise information on the costs incurred on Watergate,’ GAO said. To make its estimate, GAO said, it examined White House payroll records and interviewed staff members to determine the percentage of their time devoted to Watergate.”

• The “best estimates of the Watergate cost,” according to a June 7, 1974, White House memo from the Office of Communication, with data broken down into the following categories (approximately $400,000 is noted for White House Legal Staff):White House note, Office of Communications, nixonlibrary.com, June 7, 1974, https://www.nixonlibrary.gov/sites/default/files/virtuallibrary/documents/jul11/timmons36.pdf[table id=14 /]

• From the “Watergate Special Prosecution Force Report” Charter Documents in Appendix J: “Budget. The Special Prosecutor will be provided with such funds and facilities to carry out his responsibilities as he may reasonably require. He shall have the right to submit budget requests for funds, positions, and other assistance, and such requests shall receive the highest priority.”Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up

Gerald R. Ford Jr.: Continuation of Watergate

The Watergate investigation continued into the administration of Gerald R. Ford Jr. after Nixon resigned. The following special prosecutors overlapped into the Ford administration from the Nixon administration.

[table id=21 /]Chart Notes: See the following footnotes for notes a-i. a,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up b,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up c,The Harvard Crimson, “Bork Chooses Jaworski As Watergate Prosecutor,” thecrimson.com, November 2, 1973, https://www.thecrimson.com/article/1973/11/2/bork-chooses-jaworski-as-watergate-prosecutor/ d,Watergate Special Prosecution Force via archive.org, “Watergate Special Prosecution Force: Report,” archive.org, accessed on March 21, 2018, https://archive.org/details/WatergateSpecialProsuectionForceReport/mode/2up e,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 f,John M. Crewdson, "New Watergate Prosecutor," New York Times, October 24, 1974, https://www.nytimes.com/1974/10/24/archives/new-watergate-prosecutor-henry-swartley-ruth-jr.html g,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 h,Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5 i.Jerry Oppenheimer, “Special Prosecutor Was Just Fading Away When …” The Washington Star, October 3, 1996, available online at the Ford Library Museum in Digitized from Box 53 of the Philip Buchen Files, https://www.fordlibrarymuseum.gov/library/document/0019/26417157.pdf

1. Summary of the investigation:

Although Watergate started under the Nixon administration and was initiated against President Nixon, the investigation extended into the Ford administration. On October 17, 1975, Charles F.C. Ruff was sworn in as part-time director, and he was the last of four special prosecutors on the Watergate investigation.Watergate Special Prosecution Force, "Final Report,” babel.hathitrust.org, June 1977, https://babel.hathitrust.org/cgi/pt?id=mdp.39015002642273&view=1up&seq=5  During his time as special prosecutor, Ruff conducted an investigation into alleged misuse of political contributions by Ford, and on October 14, 1976, Ruff concluded that there was no evidence of wrongdoing.Nicholas Horrock, “Prosecutor Reports No Violation By Ford On Political Funds,” nytimes.com, October 15, 1976, https://www.nytimes.com/1976/10/15/archives/prosecutor-reports-no-violation-by-ford-on-political-funds-ruff.html

2. Cost of Investigation

• During the Ford administration, the following amount was found to be appropriated for the Watergate investigation:For the year 1977, when the Watergate investigation concluded: “In addition to funds provided under this Act, unobligated balances from the amount appropriated for the Watergate Special Prosecution Force in 1976 shall remain available until September 30, 1977.” Public Law 94-362, July 14, 1976, https://www.govinfo.gov/content/pkg/STATUTE-90/pdf/STATUTE-90-Pg937.pdf[table id=23 /]Chart Notes: See the following footnotes for notes a and b. a,Public Law 93-433, October 5, 1974, https://www.govinfo.gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg1187.pdf b.Public Law 94-121, October 21, 1975, https://www.govinfo.gov/content/pkg/STATUTE-89/pdf/STATUTE-89-Pg611.pdf

James E. Carter: Peanut Warehouse

[table id=24 /]Chart Notes: See the following footnotes for notes a-e. a,Paul J. Curran, Special Counsel, “Investigation of Carter’s Warehouse and the National Bank of Georgia Report to the Congress of the United States,” Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 10/16/79 [1]; Container 135, jimmycarterlibrary.gov, October 16, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/135/SSO_148878_135_04.pdf b,Paul J. Curran, Special Counsel, “Investigation of Carter’s Warehouse and the National Bank of Georgia Report to the Congress of the United States,” Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 10/16/79 [1]; Container 135, jimmycarterlibrary.gov, October 16, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/135/SSO_148878_135_04.pdf c,Total number of days for investigations calculated online: https://www.timeanddate.com/date/duration.html d,John F. Berry and Ted Gup, “Inquiry Clears Carter Family's Peanut Business,” washingtonpost.com, October 17, 1979, https://www.washingtonpost.com/archive/politics/1979/10/17/inquiry-clears-carter-familys-peanut-business/ca5371c9-f0a7-4809-9b7d-7a57e78b76b0/ e.Calculated online at in2013dollars.com on January 18, 2023.

1. Summary of the investigation:

The Carter Peanut Warehouse, partially owned by President James E. Carter, was investigated and exonerated in 1979 of allegations that National Bank of Georgia loans made to the Carter family businessSen. Ted Stevens, “Ethics in Government: A View From the Senate,” Hofstra Law Review, Volume 16, Issue 2, Article 2, 1988, https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1615&context=hlr were “questionable” and some may have been used to fund the 1976 Carter presidential campaign.Walter Pincus, “Special Prosecutors: Looking Back 15 Years,” washingtonpost.com, January 9, 1994, https://www.washingtonpost.com/archive/politics/1994/01/09/special-prosecutors-looking-back-15-years/a099ba0a-db68-4b62-a15a-1584c6d5ba81/ Attorney General Griffin Bell’s decision to appoint a “Special Counsel” instead of an independent “Special Prosecutor”People Staff, “G.O.P. Doubters Aside, Peanut Case Prosecutor Paul Curran Has the Courage of His Convictions,” people.com, April 9, 1979, https://people.com/archive/g-o-p-doubters-aside-peanut-case-prosecutor-paul-curran-has-the-courage-of-his-convictions-vol-11-no-14/ under the Ethics in Government Act of 1978“Public Law 95-521” of October 26, 1978, 95th Congress, cited as “Ethics in Government Act of 1978.” Title VI, Chapter 39 is titled “Special Prosecutor” and states that the Attorney General may terminate the “Special Prosecutor “only for extraordinary impropriety, physical disability, mental incapacity, or any other condition that substantially impairs the performance of such special prosecutor's duties.” Online at congress.gov, accessed on January 18, 2023, https://www.congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg1824.pdf (passed in response to President Nixon’s firing of the first Watergate special prosecutor), was questioned by members of Congress. Sen. Robert C. Byrd said the public, the press and Congress “must be certain that Mr. Curran is given the requisite independence,”“Congressional Record – Senate,” March 22, 1979, Page 5943, https://www.govinfo.gov/content/pkg/GPO-CRECB-1979-pt5/pdf/GPO-CRECB-1979-pt5-4-2.pdf and Sen. Charles H. Percy said it was “troublesome that he could be fired by the Attorney General without cause and with no legal recourse.”“Congressional Record – Senate,” March 22, 1979, Page 5943, https://www.govinfo.gov/content/pkg/GPO-CRECB-1979-pt5/pdf/GPO-CRECB-1979-pt5-4-2.pdf In April, Curran was given full “prosecuting authority”Paul Hendrickson, "Counsel at the Warehouse Door, "washingtonpost.com, April 9, 1979, https://www.washingtonpost.com/archive/lifestyle/1979/04/09/counsel-at-the-warehouse-door/be47636f-4372-4d74-a668-09ad1725d669/ similar to the Watergate special prosecutors.

2. Special Prosecutor/Independent Counsel/Special Counsel

• Paul J. Curran - Special Counsel

3. Dates of Investigation

• START – March 23, 1979,Paul J. Curran, Special Counsel, “Investigation of Carter’s Warehouse and the National Bank of Georgia Report to the Congress of the United States,” Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 10/16/79 [1]; Container 135, jimmycarterlibrary.gov, October 16, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/135/SSO_148878_135_04.pdf  is the start date Curran cited in his report on the investigation, while a United States Department of Justice news release stated that Bell announced the appointment on March 20, 1979.US Department of Justice News Release, Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 3/20/79 [1]; Container 110, jimmycarterlibrary.gov, March 20, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/110/SSO_148878_110_06.pdf
• END – On October 16, 1979,Paul J. Curran, Special Counsel, “Investigation of Carter’s Warehouse and the National Bank of Georgia Report to the Congress of the United States,” Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 10/16/79 [1]; Container 135, jimmycarterlibrary.gov, October 16, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/135/SSO_148878_135_04.pdf Curran presented his report to President of the Senate Walter F. Mondale.Paul J. Curran, Special Counsel, “Investigation of Carter’s Warehouse and the National Bank of Georgia Report to the Congress of the United States,” Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 10/16/79 [1]; Container 135, jimmycarterlibrary.gov, October 16, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/135/SSO_148878_135_04.pdf

4. Conclusion

• From the “White House Statement on the Findings of a Special Investigation” dated October 16, 1979:“We said from the very beginning of the investigation that no moneys were diverted … an[d] the report shows our statements were absolutely correct. We also said from the beginning that we would cooperate fully with the investigation, and the report shows we did exactly that.”United States Government Printing Office (GPO), "Public Papers of the Presidents of the United States, Jimmy Carter, 1979 (In Two Books) Book II – June 23 to December 31, 1979," GPO, 1980, https://books.google.co.uk/books?id=Z_wbBNqIdXEC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false

• Curran, in his October 16, 1979, report, noted that the president could have faced penalty for false statements made during his deposition:“On September 5, 1979 in the White House, I and my staff conducted a four hour deposition under oath of President Jimmy Carter.* [Footnote: Jimmy Carter was subject to prosecution under Title 18, United States Code, Section 1001 and 1623 for any false statements made during the course of his deposition.]”Paul J. Curran, Special Counsel, “Investigation of Carter’s Warehouse and the National Bank of Georgia Report to the Congress of the United States,” Folder Citation: Collection: Office of Staff Secretary; Series: Presidential Files; Folder: 10/16/79 [1]; Container 135, jimmycarterlibrary.gov, October 16, 1979, https://www.jimmycarterlibrary.gov/digital_library/sso/148878/135/SSO_148878_135_04.pdf

5. Cost of Investigation

• $162,809 is the cost of the investigation reported by “FY 2008 Performance Budget Independent Counsel Congressional Justification,” from justice.gov, accessed on March 21, 2018.“FY 2008 Performance Budget Independent Counsel Congressional Justification,” justice.gov, accessed on March 21, 2018, https://www.justice.gov/archive/jmd/2008justification/pdf/29_ic.pdf
• This report uses the cost reported in a washingtonpost.com article dated October 17, 1979: “Curran estimated that the investigation cost the government about $360,000.”John F. Berry and Ted Gup, “Inquiry Clears Carter Family's Peanut Business,” washingtonpost.com, October 17, 1979 https://www.washingtonpost.com/archive/politics/1979/10/17/inquiry-clears-carter-familys-peanut-business/ca5371c9-f0a7-4809-9b7d-7a57e78b76b0/

Ronald W. Reagan: Iran-Contra

[table id=27 /]Chart Notes: See the following footnotes for notes a-e. a,National Archives, “Records of Lawrence Walsh relating to Iran/Contra,” nationalarchives.gov, accessed on March 21, 2018, https://www.archives.gov/research/investigations/walsh.html b,Spencer C. Tucker, ed., “53. The Iran-Contra Report, August 4 1993 [Excerpts],” The Encyclopedia of Middle East Wars, books.google.com, page 1619, https://books.google.co.uk/books?id=U05OvsOPeKMC&printsec=frontcover&redir_esc=y#v=onepage&q&f=false c,Total number of days for investigations calculated online: https://www.timeanddate.com/date/duration.html d,CRS Report for Congress, "Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations,” Congressional Research Service (CRS), everycrsreport.com, updated June 8, 2006, https://www.everycrsreport.com/files/20060608_98-19_ebcd840179425519b884eb70e63f52143f51d120.pdf e.Calculated online at in2013dollars.com on January 18, 2023.

1. Summary of the investigation:

According to the National Archives, “Records of Lawrence Walsh”:

"In October and November 1986, two secret US Government operations were publicly exposed, potentially implicating Reagan administration officials in illegal activities: the provision of assistance to the military activities of Nicaraguan contra rebels during an October 1984 to October 1986 prohibition on such aid, and the sale of US arms to Iran in contravention of stated US policy and in possible violation of arms-export controls. In late November 1986, Reagan administration officials announced that some of the proceeds from the sale of US arms to Iran had been diverted to the contras."National Archives, “Records of Lawrence Walsh Relating to Iran/Contra,” nationalarchives.gov, accessed on March 21, 2018, https://www.archives.gov/research/investigations/walsh.html

2. Special Prosecutor/Independent Counsel/Special Counsel

• Lawrence Walsh - Independent Counsel / Special Prosecutor

3. Dates of Investigation

• START – December 19, 1986,National Archives, “Records of Lawrence Walsh relating to Iran/Contra,” nationalarchives.gov, accessed on March 21, 2018, https://www.archives.gov/research/investigations/walsh.html "The 'Front Door' investigation, started by Federal Bureau of Investigation in November [26] of 1986, was transferred when Lawrence Walsh was appointed Independent Counsel on December 19, 1986."National Archives, “Records of Lawrence Walsh Relating to Iran/Contra,” nationalarchives.gov, accessed on March 21, 2018, https://www.archives.gov/research/investigations/walsh.html

• END – On August 4, 1993, Spencer C. Tucker, ed., “53. The Iran-Contra Report, August 4 1993 [Excerpts],” The Encyclopedia of Middle East Wars, books.google.com, page 1619, https://books.google.co.uk/books?id=U05OvsOPeKMC&printsec=frontcover&redir_esc=y#v=onepage&q&f=false Lawrence Walsh submitted his final report to the House of Representatives.Spencer C. Tucker, ed., “53. The Iran-Contra Report, August 4 1993 [Excerpts],” The Encyclopedia of Middle East Wars, books.google.com, page 1619, https://books.google.co.uk/books?id=U05OvsOPeKMC&printsec=frontcover&redir_esc=y#v=onepage&q&f=false In the final reportLawrence E. Walsh, Independent Counsel, “Final Report Of The Independent Counsel For Iran/Contra Matters: Volume I: Investigations and Prosecutions,” August 4, 1993, https://ia801209.us.archive.org/2/items/WalshReport/Walsh%20Report%20volume%201%20Investigations%20and%20Prosecutions.pdf Walsh wrote: “The criminal investigation of [then Vice President George H.W.] Bush was regrettably incomplete.” President H.W. Bush had pardoned many defendants in the Iran-Contra investigation. In Chapter 27 of the final report, Walsh said of Reagan: “It was concluded that President Reagan's conduct fell well short of criminality which could be successfully prosecuted. Fundamentally, it could not be proved beyond a reasonable doubt that President Reagan knew of the underlying facts of Iran/contra that were criminal or that he made criminal misrepresentations regarding them.”

4. Conclusion

• In 1987, a requirement was made for tracking expenditures: “In 1987, Public Law 100-202 established a permanent, indefinite appropriation within Justice to fund expenditures by independent counsels. Independent counsels are required to report their expenditures from the appropriation for each 6-month period in which they have operations.United States General Accounting Office, “Financial Audit: Independent Counsel Expenditures for the Six Months Ended September 30, 1997,” General Accounting Office, March 1998,https://www.gao.gov/products/aimd-98-100

• March 16, 1988 – Indictments: "On March 16, 1988, the grand jury handed down a 23 count indictment against [John] Poindexter, [Oliver] North, [Albert] Hakim, and Richard Secord.”National Archives, “Records of Lawrence Walsh relating to Iran/Contra,” nationalarchives.gov, accessed on March 21, 2018, https://www.archives.gov/research/investigations/walsh.html

• December 24, 1992 – Bush pardons: "On December 24, 1992, President George H.W. Bush granted pardons to six defendants in the Iran-Contra Affairs. The defendants were Elliott Abrams, a former assistant secretary of state for Central America; former National Security Adviser Robert McFarlane; former CIA officials Duane Clarridge, Alan Fiers, and Clair George; and former Secretary of Defense Caspar Weinberger."Brown University, “Understanding the Iran-Contra Affairs: The 1992 Pardons,” brown.edu, accessed on March 24, 2018, https://www.brown.edu/Research/Understanding_the_Iran_Contra_Affair/thepardons.php

5. Cost of Investigation

• $47,873,400 was the reported cost of the investigation according to a CRS Report for Congress titled "Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations.”CRS Report for Congress, "Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations,” Congressional Research Service (CRS), everycrsreport.com, https://www.everycrsreport.com/files/20060608_98-19_ebcd840179425519b884eb70e63f52143f51d120.pdf

George H.W. Bush: BNL Scandal/Iraqgate

[table id=28 /]Chart Notes: See the following footnotes for notes a-e. a,Ronald J. Ostrow and Douglas Frantz, “Ex-Judge to Investigate Iraq Loans : Probe: Frederick Lacey of New Jersey Will Explore Role of Justice Department and CIA in Scandal. Democrats Criticize Attorney General's Plan,” latimes.com, October 17, 1992, https://www.latimes.com/archives/la-xpm-1992-10-17-mn-216-story.html b,Times Wire Service, “Counsel Wraps Up Report on Iraq Loan Case Investigation,” latimes.com, December 9, 1992, https://www.latimes.com/archives/la-xpm-1992-12-09-mn-1721-story.html c,Total number of days for investigations calculated online: https://www.timeanddate.com/date/duration.html d,“Summary of US Department of Justice expenses for the investigation by Special Counsel Frederick B. Lacey of the conduct of the US Department of Justice relating to the Banca Nationale Del Lavoro,” dated April 6, 1993, printed in the Congressional Record-House, June 8, 1993, Page 12135, https://www.govinfo.gov/content/pkg/GPO-CRECB-1993-pt9/pdf/GPO-CRECB-1993-pt9-3.pdf e.Calculated online at in2013dollars.com on January 18, 2023.

1. Summary of the investigation:

• In an investigation also known as “Iraqgate”"Iraqgate," according to a washingtonpost.com article by Richard Harwood of April 16, 1994, titled “The Myth of Iraqgate,” was a term coined by US News & World Report see: Richard Harwood, https://www.nytimes.com/1992/10/17/us/attorney-general-names-prosecutor-in-iraq-loans-case.html or “Iraq-Gate,” The Editors of Encyclopaedia Britannica, “Iraqgate,” britannica.com, accessed on March 21, 2018, https://www.britannica.com/event/Iraqgate on October 16, 1992, Attorney General William P. Barr appointed retired federal judge Frederick B. Lacey “to investigate the Bush Administration's handling of a billion-dollar bank-fraud case involving illegal loans to Iraq.”Elaine Sciolino, “Attorney General Names Prosecutor in Iraq-Loans Case,” New York Times, October 17, 1992, https://www.nytimes.com/1992/10/17/us/attorney-general-names-prosecutor-in-iraq-loans-case.html In December, “Lacey was named special counsel in charge of investigating both matters, and he determined that no federal crime had been committed in either case.”Sonam Sheth, "Obama Is the Only President Since Nixon Who Didn't Face an Independent Investigation,” businessinsider.com, October 23, 2017, https://www.businessinsider.com/obama-nixon-trump-russia-independent-investigation-2017-10?r=US&IR=T

2. Special Prosecutor/Independent Counsel/Special Counse

• Frederick B. Lacey - Special Counsel / Independent Counsel

3. Dates of Investigation

• START – October 16, 1992Elaine Sciolino, “Attorney General Names Prosecutor in Iraq-Loans Case,” New York Times, October 17, 1992, https://www.nytimes.com/1992/10/17/us/attorney-general-names-prosecutor-in-iraq-loans-case.html
• END – December 8, 1992Times Wire Service, “Counsel Wraps Up Report on Iraq Loan Case Investigation,” latimes.com, December 9, 1992, https://www.latimes.com/archives/la-xpm-1992-12-09-mn-1721-story.html

4. Conclusion

• "Mr. Barr's refusal to seek a judicially appointed prosecutor in the case involving the Atlanta branch of the Banca Nazionale del Lavoro followed the recommendation of Frederick B. Lacey, his own counsel. Judge Lacey had submitted a two-volume report that found ‘no reasonable grounds to believe further investigation is warranted with respect to the matters involved here.’ Calls Accusations 'Nonsense'"David Johnston, "U.S. Will Not Seek New Investigation on Loans to Iraq," nytimes.com, December 10, 1992, https://www.nytimes.com/1992/12/10/us/us-will-not-seek-new-investigation-on-loans-to-iraq.html

5. Cost of Investigation

• $372,392 according to the “Summary of U.S. Department of Justice expenses for the investigation by Special Counsel Frederick B. Lacey of the conduct of the U.S. Department of Justice relating to the Banca Nationale Del Lavoro,” reported in the Congressional Record-House, June 8, 1993.“Summary of US Department of Justice expenses for the investigation by Special Counsel Frederick B. Lacey of the conduct of the US Department of Justice relating to the Banca Nationale DelLavoro,” dated April 6, 1993, printed in the Congressional Record-House, June 8, 1993, Page 12135, https://www.govinfo.gov/content/pkg/GPO-CRECB-1993-pt9/pdf/GPO-CRECB-1993-pt9-3.pdf

William J. Clinton: Whitewater

[table id=30 /]Chart Notes: See the following footnotes for notes a-n. a,Total number of days for investigations calculated online: https://www.timeanddate.com/date/duration.html b,Brooklyn College, “Whitewater Timeline,” academic.brooklyn.cuny.edu, accessed January 12, 2023, http://academic.brooklyn.cuny.edu/history/johnson/whitewatertimeline.htm c,“GAO/AIMD – 97-24R – Independent Counsels,” gao.gov, December 20, 1996, https://www.gao.gov/assets/aimd-97-24r.pdf [“Kenneth W. Starr was appointed August 5, 1994 … After completing a transition of operations … Fiske terminated his appointment on October 6, 1994.”] d,“GAO/AIMD – 97-24R – Independent Counsels: Independent Counsels Schedule of Expenditures For the Period 6/11/85 – 3/31/96,” gao.gov, December 20, 1996, https://www.gao.gov/assets/aimd-97-24r.pdf e,“GAO/AIMD – 97-24R – Independent Counsels,” online at gao.gov, December 20, 1996, https://www.gao.gov/assets/aimd-97-24r.pdf f,CNN AllPolitics, “Starr Cites 'Intense Politicization' in Resigning Post,” cnn.com, October 18, 1999, https://edition.cnn.com/ALLPOLITICS/stories/1999/10/18/starr.resigns/ g,“FY 2008 Performance Budget Independent Counsel Congressional Justification,” justice.gov, 2008, https://www.justice.gov/archive/jmd/2008justification/pdf/29_ic.pdf h,C-Span, “New Independent Counsel," c-span.com, October 18, 1999, https://www.c-span.org/video/?152920-1/independent-counsel - Video description: "Prosecutor Robert Ray was sworn in today to replace Kenneth Starr as the independent counsel investigating the president and the first lady. Judge Starr resigned recently. Mr. Ray spoke briefly with reporters." i,GAO Report Number GAO-04-1014, “Financial Audit: Independent and Special Counsel Expenditures for the Six Months Ended March 31, 2004,” gao.gov, September 30, 2004, https://www.govinfo.gov/app/details/GAOREPORTS-GAO-04-1014 j,“The judges of the United States Court of Appeals for the District of Columbia Circuit’s Division for Appointing Independent Counsels,” according to the “Official Statement From Robert Ray on Whitewater,” abcnews.go.com, September 20, 2000, https://abcnews.go.com/Politics/story?id=122886&page=1 k,GAO report number GAO-04-1014, “Financial Audit: Independent and Special Counsel Expenditures for the Six Months Ended March 31, 2004,” online at gao.gov, September 30, 2004, https://www.gao.gov/assets/gao-04-1014.pdf l,GAO Report Number GAO-04-1014, “Financial Audit: Independent and Special Counsel Expenditures for the Six Months Ended March 31, 2004,” gao.gov, September 30, 2004, https://www.govinfo.gov/app/details/GAOREPORTS-GAO-04-1014 m,Calculated online at in2013dollars.com on January 18, 2023. n.Terry Frieden, “Whitewater Independent Counsel Robert Ray Resigns,” cnn.com, March 12, 2002, https://edition.cnn.com/2002/ALLPOLITICS/03/12/indy.counsel.resigns/index.html

1. Summary of the investigation:

“Whitewater” is the blanket title for a series of investigations that started with “any possible violations of law relating in any way to President Clinton and the First Lady Hillary Rodham Clinton's relationship with Madison Guarantee Savings and Loan Association, the Whitewater Development Corporation, or Capital Management Services.”CRS Report for Congress, "Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations,” Congressional Research Service (CRS), everycrsreport.com, https://www.everycrsreport.com/files/20060608_98-19_ebcd840179425519b884eb70e63f52143f51d120.pdf Attorney General Janet RenoChicago Tribune, “Fiske Named Special Counsel In Clinton Probe,” chicagotribune.com, January 20, 1994, https://www.chicagotribune.com/news/ct-xpm-1994-01-20-9401210130-story.html appointed Robert B. Fiske, Jr. to lead the investigation, which also included the death of Vince Foster. Fiske found no link between Whitewater and Foster’s death.NPR Fresh Air, "'Clinton Vs. Starr': A 'Definitive' Account," npr.org, February 16, 2010, https://www.npr.org/2010/02/16/123792597/clinton-vs-starr-a-definitive-account When Clinton signed the Independent Counsel Reauthorization Act of 1994, a panel of judges independently chose Kenneth Starr to continue the Whitewater investigation that ultimately included “Travelgate” on March, 22, 1996;CNN, “Whitewater Prosecutor to Look into 'Travelgate',” cnn.com, March 22, 1996, http://edition.cnn.com/US/9603/travelgate/ Filegate, on June 21, 1996;Linda Feldmann, “What's Behind Latest White House Scandal?: FBI Filegate,” csmonitor.com, June 21, 1996, https://www.csmonitor.com/1996/0621/062196.us.briefing.1.html and the Monica Lewinsky affair on January 16, 1998.CNN AllPolitics, “A Chronology: Key Moments In The Clinton-Lewinsky Saga,” cnn.com, accessed on March 21, 2018, https://edition.cnn.com/ALLPOLITICS/1998/resources/lewinsky/timeline/ President Bill Clinton was impeached on December 19, 1998, in relation to the Lewinsky affair.History, “This Day in History - December 19, 1998: President Clinton Impeached,” history.com, accessed on March 21, 2018, https://edition.cnn.com/ALLPOLITICS/1998/resources/lewinsky/timeline/

2. Special Prosecutor/Independent Counsel/Special Counsel

• Robert B. Fiske, Jr. – Attorney General-appointed Special Counsel
• Kenneth Starr – First Independent Counsel under the Independent Counsel Reauthorization Act of 1994
• Robert Ray – Independent Counsel after Starr stepped down
• Julie F. Thomas – Independent Counsel who succeeded Ray to close out Whitewater investigationCRS Report for Congress, "Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations,” Congressional Research Service (CRS), everycrsreport.com, https://www.everycrsreport.com/files/20060608_98-19_ebcd840179425519b884eb70e63f52143f51d120.pdf

3. Dates of Investigation

First:

• START (Fiske investigation) – On January 20, 1994, Fiske was appointed Whitewater special counsel at Clinton’s request on January 12, 1994.Brooklyn College, “Whitewater Timeline,” academic.brooklyn.cuny.edu, accessed January 12, 2023, http://academic.brooklyn.cuny.edu/history/johnson/whitewatertimeline.htm At a press briefing with Attorney General Janet Reno, where she announced Fiske’s appointment, Fiske defined his charter as broad, and potentially covering other matters, including the death of Vince Foster, which Fiske ruled a suicide on July 1, 1994.David Von Drehle and Howard Schneider, “Foster's Death a Suicide,” washingtonpost.com, July 1, 1994, https://www.washingtonpost.com/wp-srv/politics/special/whitewater/stories/wwtr940701.htm “The specific language authorizes me to investigate whether any individuals or entities have committed a violation of any federal criminal law relating in any way to President William Jefferson Clinton's or Mrs. Hillary Rodham Clinton's relationships with Madison Guaranty Savings and Loan Association, Whitewater Development Corporation, or Capital Management Services.”Transcript, “Weekly Press Briefing With Attorney General and Robert B. Fiske Jr., Former US Attorney General in New York and Independent Prosecutor – Designate Department of Justice,” CNN, justice.gov, January 20, 1994

• END (Fiske investigation) – On October 6, 1994, Fiske stepped away from the investigation. He had been replaced by Kenneth W. Starr on August 5, 1994, after Clinton signed the Independent Counsel Reauthorization Act of 1994 and Reno was denied her request to have Fiske re-appointed by a three-judge US Court of Appeals.Associated Press, “Text of Order Appointing Starr,” latimes.com, August 6, 1994, https://www.latimes.com/archives/la-xpm-1994-08-06-mn-24149-story.html According to the court’s order, Fiske was replaced because he was appointed by the “incumbent Administration” and needed to be replaced for the “appearance of independence.”Associated Press, “Text of Order Appointing Starr,” latimes.com, August 6, 1994, https://www.latimes.com/archives/la-xpm-1994-08-06-mn-24149-story.html During his tenure, Fiske conducted the first ever deposition of “a sitting president and first lady." PBS Frontline, “Chronology: From Hope, Arkansas to the White House,” pbs.org, accessed on March 21, 2018, https://www.pbs.org/wgbh/pages/frontline/shows/clinton/cron/

Second, Third, Fourth:

• START (Starr investigation) – On August 5, 1994, Starr was appointed to continue the Whitewater investigation by a three-judge US Court of Appeals. Associated Press, “Text of Order Appointing Starr,” latimes.com, August 6, 1994, https://www.latimes.com/archives/la-xpm-1994-08-06-mn-24149-story.html

• END (Starr investigation) / START (Ray investigation) – On October 18, 1999, "Kenneth Starr steps down as independent counsel. Robert Ray, an experienced federal prosecutor, is sworn in as his successor." Wall Street Journal, "A Whitewater Chronology," wsj.com, May 28, 2003, https://www.wsj.com/articles/SB122721127833145225
• END (Ray investigation) / START (Thomas investigation) – On March 12, 2002, Ray resigned, and Julie F. Thomas became the last independent counsel on the Whitewater investigation. GAO Report Number GAO-04-1014, “Financial Audit: Independent and Special Counsel Expenditures for the Six Months Ended March 31, 2004,” gao.gov, September 30, 2004, https://www.govinfo.gov/app/details/GAOREPORTS-GAO-04-1014 On March 20, 2002, Pete Yost, “Final Whitewater Report Rips Clintons, But Finds No Evidence of Wrongdoing,” journaltimes.com, March 21, 2002, https://journaltimes.com/news/national/final-whitewater-report-rips-clintons-but-finds/article_92d18418-5251-5c11-ba69-c3d78e97529b.html Ray released his final report on Whitewater that exonerated the Clintons. Pete Yost, “Final Whitewater Report Rips Clintons, But Finds No Evidence of Wrongdoing,” journaltimes.com, March 21, 2002,https://journaltimes.com/news/national/final-whitewater-report-rips-clintons-but-finds/article_92d18418-5251-5c11-ba69-c3d78e97529b.html
• END (Thomas investigation) – On March 23, 2004, the office was terminated. GAO Report Number GAO-04-1014, “Financial Audit: Independent and Special Counsel Expenditures for the Six Months Ended March 31, 2004,” gao.gov, September 30, 2004, https://www.govinfo.gov/app/details/GAOREPORTS-GAO-04-1014

4. Conclusion

• October 8, 1998, "The House votes 258-176 to open an impeachment inquiry into the President, only the third such proceeding in U.S. history. Thirty-one Democrats join Republicans in voting for the inquiry."Wall Street Journal, "A Whitewater Chronology," wsj.com, May 28, 2003, https://www.wsj.com/articles/SB122721127833145225

• June 30, 1999 – The Independent Counsel law expires during the Whitewater/Lewinsky investigations.Wall Street Journal, "A Whitewater Chronology," wsj.com, May 28, 2003, https://www.wsj.com/articles/SB122721127833145225 "Now responsibility for investigating official misconduct reverts back to the Justice Department where it was during Watergate and before. The attorney general will have the power to both hire and fire special counsels."CNN AllPolitics, “From Watergate to Whitewater: History of the Independent Counsel,” cnn.com, June 30, 1999, https://edition.cnn.com/ALLPOLITICS/stories/1999/06/30/ic.history/ "With the congressional impeachment proceedings against Clinton resulting from the Lewinsky investigation, it was the Democrats' turn to rail against the independent counsel law, pointing to the fact that special investigations have no limits on cost, length and scope, and saying Starr was far overzealous in pursuing the Clintons."CNN AllPolitics, “From Watergate to Whitewater: History of the Independent Counsel,” cnn.com, June 30, 1999, https://edition.cnn.com/ALLPOLITICS/stories/1999/06/30/ic.history/

• January 19, 2001 – President Clinton admits making false statements and surrenders law license for five years.Wall Street Journal, "A Whitewater Chronology," wsj.com, May 28, 2003, https://www.wsj.com/articles/SB122721127833145225
• January 20, 2001 - "Hours before ending his term in office, President Clinton issues 140 pardons. Included on the list is the Clintons' former Whitewater Development Co. partner, Susan McDougal."Wall Street Journal, "A Whitewater Chronology," wsj.com, May 28, 2003, https://www.wsj.com/articles/SB122721127833145225

5. Cost of Investigation

• According to a washingtonpost.com article, the Whitewater investigation total was $70 million dollars.Callum Borchers, “Special Prosecutors are a Big Deal. Their Results Sometimes Aren’t,” washingtonpost.com, May 17, 2017, https://www.washingtonpost.com/news/the-fix/wp/2017/05/10/want-a-special-prosecutor-to-replace-james-comey-history-might-change-your-mind/ The Independent Counsel FY 2008 Performance Budget sets the cost at $55,105,992 “FY 2008 Performance Budget Independent Counsel Congressional Justification,” justice.gov, accessed on March 21, 2018, https://www.justice.gov/archive/jmd/2008justification/pdf/29_ic.pdf for the Starr, Ray, Thomas investigations: “Violation of any federal criminal law relating to what has become known as the ‘Whitewater Affair’, President Clinton’s relationship with a former White House intern, the White House travel office, misuse of FBI files, and other matters -- several defendants involved.”“FY 2008 Performance Budget Independent Counsel Congressional Justification,” justice.gov, accessed on March 21, 2018, https://www.justice.gov/archive/jmd/2008justification/pdf/29_ic.pdf

• Other estimates:

1. “According to reports by GAO, the cost of Independent Counsels Thomas’, Ray’s and Starr’s portion of the investigation, through September 30, 2005, has been $73,597,345. In addition, GAO has reported that Robert B. Fiske, Jr., spent $6,073,000, on the earlier ‘Whitewater’ investigation prior to Mr. Starr’s appointment.”CRS Report for Congress, "Independent Counsels Appointed Under the Ethics in Government Act of 1978, Costs and Results of Investigations,” Congressional Research Service (CRS), everycrsreport.com, https://www.everycrsreport.com/files/20060608_98-19_ebcd840179425519b884eb70e63f52143f51d120.pdf
2. For this report, the $55,105,992 for the Starr, Ray, and Thomas investigations was added to the $6,073,000 investigation, for a total cost of $61,178,992 for the Whitewater investigations.

George W. Bush: CIA Leak/Plamegate*

* There are multiple sources for this description of the investigation including nbcnews.com, time.com, rollingstone.com, and motherjones.com

[table id=31 /]Chart Notes: See the following footnotes for notes a-d. a,Department of Justice Press Conference transcript, “Appointment of Special Prosecutor to Oversee Investigation into Alleged Leak of CIA Agent Identity and Recusal of Attorney General Ashcroft from the Investigation,” online at fas.org, December 30, 2003, https://irp.fas.org/news/2003/12/doj123003.html b,Total number of days for investigations calculated online: https://www.timeanddate.com/date/duration.html c,Chicago Tribune, “GAO: CIA Leak Probe Cost $2.6 million,” chicagotribune.com, April 1, 2008, https://www.chicagotribune.com/news/ct-xpm-2008-04-01-0803310507-story.html d.Calculated online at in2013dollars.com on January 18, 2023.

1. Summary of the investigation:

After CIA agent Valerie Plame was identified by name in a syndicated column,NPR, “Timeline: The CIA Leak Case,” npr.org, July 2, 2007, https://www.npr.org/templates/story/story.php?storyId=4764919 on September 30, 2003, the Justice Department launched an investigation. On December 30, 2003, Patrick J. Fitzgerald was appointed as special counsel to investigate the leak.Department of Justice Press Conference transcript, “Appointment of Special Prosecutor to Oversee Investigation into Alleged Leak of CIA Agent Identity and Recusal of Attorney General Ashcroft from the Investigation,” fas.org, December 30, 2003, https://irp.fas.org/news/2003/12/doj123003.html High-level George W. Bush admin officials were investigated, and “the investigation also touched on presidential adviser Karl Rove,”Chicago Tribune, “GAO: CIA Leak Probe Cost $2.6 million,” chicagotribune.com, April 1, 2008, https://www.chicagotribune.com/news/ct-xpm-2008-04-01-0803310507-story.html eventually resulting in the prosecution of Vice President Richard B. Cheney’s Chief of Staff I. Lewis “Lacey” Libby,CNN, “Cheney's Top Aide Indicted; CIA Leak Probe Continues,” cnn.com, October 29, 2005, https://edition.cnn.com/2005/POLITICS/10/28/leak.probe/ and the subsequent commutation of his perjury and obstruction of justice convictions from President Bush (Libby received a full pardon from President Donald Trump on April 13, 2018).Olivia B. Waxman, “Why Scooter Libby Didn't Get a Presidential Pardon Until Just Now,” time.com, April 13, 2018, https://time.com/5239767/trump-george-w-bush-dick-cheney-scooter-libby-pardon/

2. Special Prosecutor/Independent Counsel/Special Counsel

• Patrick Fitzgerald – Special / Counsel / Special Prosecutor

3. Dates of Investigation

• START – On December 30, 2003, Deputy Attorney General James Comey announced the appointment of Patrick J. Fitzgerald as special counsel in charge of the “investigation into alleged leak of CIA agent identity.” Attorney General John Ashcroft had recused himself “based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation,” according to Comey during a December 30, 2003, Department of Justice press conference.Department of Justice Press Conference transcript, “Appointment of Special Prosecutor to Oversee Investigation into Alleged Leak of CIA Agent Identity and Recusal of Attorney General Ashcroft from Investigation,” fas.org, December 30, 2003, https://irp.fas.org/news/2003/12/doj123003.html On June 24, 2004, Fitzgerald questioned Bush for more than an hour, but Bush was not put under oath.Richard W. Stevenson and David Johnston, "Bush Interviewed in Leak of C.I.A. Name," nytimes.com, June 25, 2004, https://www.nytimes.com/2004/06/25/us/bush-interviewed-in-leak-of-cia-name.html
• END – On December 11, 2007, “the administration official [Libby] dropped his appeal of his convictions.”“On December 11, 2007 the administration official dropped his appeal of his convictions. This matter is now concluded for all practical purposes, but the office of special counsel will continue for limited purposes, such as responding to Congressional requests for information,” according to a GAO Report dated March 2008 titled “Financial Audit: Special Counsel Expenditures for the Six Months Ended September 30, 2007,” https://www.gao.gov/products/gao-08-541 “The activities of the special counsel were, for all practical purposes concluded as of March 2008, but the office of the special counsel will continue for limited purposes, such as responding to congressional requests for information.”“Audit of Special Counsel Expenditures for the 6 Months Ended March 31, 2008: GAO-08-1122R: Published: Sep 24, 2008. Publicly Released: Sep 24, 2008.” gao.gov, September 24, 2008, https://www.gao.gov/assets/gao-08-1122r.pdf 

4. Conclusion

• On why he wouldn’t issue a final report, in 2005 Fitzgerald said: “I think what people may be confused about is that reports used to be issued by independent counsels. And one of the complaints about the independent counsel statute was that an ordinary citizen, when investigated, they're charged with a crime or they're not; they're not charged with a crime, people don't talk about it. Because of the interest in making sure that -- well, there's an interest in independent counsels to making sure those investigations were done thoroughly but then people ended up issuing reports for people not charged. And one of the criticisms leveled was that you should not issue reports about people who are not charged with a crime. That statute lapsed. I'm not an independent counsel, and I do not have the authority to write a report, and, frankly, I don't think I should have that authority. I think we should conduct this like any other criminal investigation: charge someone or be quiet.”Pat Fitzgerald via the Washington Post, “Transcript of Special Counsel Fitzgerald's Press Conference,” washingtonpost.com, October 28, 2005, https://www.washingtonpost.com/wp-dyn/content/article/2005/10/28/AR2005102801340.html

• October 28, 2005 - Libby is indicted.CNN, “Cheney's Top Aide Indicted; CIA Leak Probe Continues,” cnn.com, October 29, 2005, https://edition.cnn.com/2005/POLITICS/10/28/leak.probe/ On June 5, 2007, Libby is sentenced to 30 months in prison for perjury and obstruction of justice, and resigns as Cheney's chief of staff.Nina Totenberg, “Lewis Libby Sentenced to 30 Months in Prison,” npr.org, June 5, 2007, https://www.npr.org/2007/06/05/10741249/lewis-libby-sentenced-to-30-months-in-prison Bush commuted his sentence on July 2, 2007.Kate Phillips, “Bush Commutes Libby’s Sentence,” nytimes.com, July 2, 2007, https://archive.nytimes.com/thecaucus.blogs.nytimes.com/2007/07/02/bush-commutes-libbys-sentence/ Libby received a full pardon from President Donald Trump on April 13, 2018.Olivia B. Waxman, “Why Scooter Libby Didn't Get a Presidential Pardon Until Just Now,” time.com, April 13, 2018, https://time.com/5239767/trump-george-w-bush-dick-cheney-scooter-libby-pardon/

5. Cost of Investigation

• $2.58 million, according to a chicagotribune.com article on April 1, 2008. Chicago Tribune, “GAO: CIA Leak Probe Cost $2.6 million,” chicagotribune.com, April 1, 2008, https://www.chicagotribune.com/news/ct-xpm-2008-04-01-0803310507-story.html

Donald J. Trump: Trump-Russia Collusion Probe

[table id=34 /]Chart Notes: See the following footnotes for notes a-e. a,United States Department of Justice “Special Counsel’s Office: Related Court Documents,” justice.gov, accessed March 21, 2018, https://www.justice.gov/archives/sco-mueller b,Associated Press, “Now What? Mueller Ends the Russia Investigation,” apnews.com, March 22, 2019, https://apnews.com/article/north-america-ap-top-news-laws-politics-russia-a2ff9862c06348f1a36ef64540a99959 c,United States Department of Justice “Special Counsel’s Office: Related Court Documents,” justice.gov, accessed March 21, 2018, https://www.justice.gov/archives/sco-mueller d,William Barr via the New York Times, “Read William Barr’s Letter to Congress on the Mueller Report,” nytimes.com, March 22, 2019, https://www.nytimes.com/2019/03/22/us/politics/barr-letter-mueller.html e.Total number of days for investigations calculated online: https://www.timeanddate.com/date/duration.html

1. Summary of the investigation:

Acting Attorney General Rod J. Rosenstein appointed Robert S. Mueller III special counsel to conduct an investigation into, among other things, “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump.”Rod J. Rosenstein, “Order No. 3915-2017: Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters,” May 17, 2017, https://tuskegee.libguides.com/c.php?g=932607

2. Special Prosecutor/Independent Counsel/Special Counsel

• Robert S. Mueller III – Special Counsel

3. Dates of Investigation

• START – On May 17, 2017, Robert S. Mueller III was appointed by Acting Attorney General Rod J. Rosenstein to serve as special counsel.United States Department of Justice “Special Counsel’s Office: Related Court Documents,” justice.gov, accessed March 21, 2018, https://www.justice.gov/archives/sco-mueller
• END – March 22, 2019, when Mueller “delivered his final report to Attorney General William Barr.”Associated Press, “Now What? Mueller Ends the Russia Investigation,” apnews.com, March 22, 2019, https://apnews.com/article/north-america-ap-top-news-laws-politics-russia-a2ff9862c06348f1a36ef64540a99959

4. Related Court Documents as of April 4, 2019, from the United States Department of Justice website:United States Department of Justice “Special Counsel’s Office: Related Court Documents,” justice.gov, accessed April 4, 2019, https://www.justice.gov/archives/sco-mueller

• U.S. v. Roger Jason Stone, Jr. (1:19-cr-18, District of Columbia): Roger Jason Stone, Jr., 66, of Fort Lauderdale, Florida, was arrested in Fort Lauderdale on January 25, 2019, following an indictment by a federal grand jury on January 24, 2019, in the District of Columbia. The indictment, which was unsealed upon arrest, contains seven counts: one count of obstruction of an official proceeding, five counts of false statements, and one count of witness tampering.
• U.S. v. Michael Cohen (1:18-cr-850, Southern District of New York): Michael Cohen of New York, New York, pleaded guilty on November 29, 2018, to making false statements to the US Congress in violation of 18 U.S.C. 1001 (a)(2). Cohen was sentenced on December 12, 2018, to serve two months in prison and pay a $50,000 fine.
• U.S. v. Paul J. Manafort, Jr. (1:17-cr-201, District of Columbia): Paul J. Manafort, Jr., of Alexandria, Va., pleaded guilty on September 14, 2018, to a superseding criminal information filed ... in the District of Columbia, which includes conspiracy against the United States (conspiracy to commit money laundering, tax fraud, failing to file Foreign Bank Account Reports and Violating the Foreign Agents Registration Act, and lying and misrepresenting to the Department of Justice) and conspiracy to obstruct justice (witness tampering). On March 13, 2019, Manafort was sentenced to serve 73 months in prison, with 30 months to run concurrent with his sentence in the Eastern District of Virginia.
• U.S. v. Viktor Borisovich Netyksho, et al (1:18-cr-215, District of Columbia): A federal grand jury in the District of Columbia returned an indictment on July 13, 2018, against 12 Russian nationals for their alleged roles in computer hacking conspiracies aimed at interfering in the 2016 US elections. The indictment charges 11 of the defendants with conspiracy to commit computer crimes, eight counts of aggravated identity theft, and conspiracy to launder money. Two defendants are charged with a separate conspiracy to commit computer crimes.
• U.S. v. Konstantin Kilimnik (1:17-cr-201, District of Columbia): A federal grand jury in the District of Columbia returned a third superseding indictment on June 8, 2018, against Konstantin Kilimnik, of Moscow, Russia. Kilimnik is charged with conspiracy to obstruct justice and obstruction of justice.
• U.S. v. Richard W. Gates III (1:17-cr-201, District of Columbia): Richard W. Gates III of Richmond, Va., pleaded guilty on February 23, 2018, to a superseding criminal information that includes: count one of the indictment, which charges conspiracy against the United States, in violation of 18 U.S.C. 371 (which includes conspiracy to violate 26 U.S.C. 7206(1), 31 U.S.C. 5312 and 5322(b), and 22 U.S.C. 612, 618(a)(1), and 618(a)(2)), and a charge of making false statements to the Special Counsel’s Office and FBI agents, in violation of 18 U.S.C. 1001.
• U.S. v. Paul J. Manafort, Jr., and Richard W. Gates III (1:18-cr-83, Eastern District of Virginia): Paul J. Manafort, Jr., of Alexandria, Va., and Richard W. Gates III, of Richmond, Va., were indicted by a federal grand jury on February 22, 2018, in the Eastern District of Virginia. The indictment contains 32 counts: 16 counts related to false individual income tax returns, seven counts of failure to file reports of foreign bank and financial accounts, five counts of bank fraud conspiracy, and four counts of bank fraud. On March 1, 2018, the court granted a motion to dismiss without prejudice the charges against Gates, following his guilty plea in a related case in the District of Columbia (1:17-cr-201). On August 21, 2018, a federal jury found Manafort guilty on eight counts: counts 1-5, subscribing to a false individual income tax return for tax years 2010-2014; count 12, failure to file reports of foreign bank and financial accounts for year 2012; count 25, bankfraud; and count 27, bank fraud. The court declared a mistrial on 10 counts (counts 11, 13-14, 24, 26, 28-32). As part of his plea agreement on September 14, 2018, Manafort admitted his guilt of the remaining counts against him in this case. On March 7, 2019, Manafort was sentenced to 47 months in prison and ordered to pay a $50,000 fine.
• U.S. v. Alex van der Zwaan (1:18-cr-31, District of Columbia): Alex van der Zwaan, of London, pleaded guilty on February 20, 2018, to making false statements to FBI agents, in violation of 18 U.S.C. 1001. Van der Zwaan was sentenced on April 3, 2018, to serve 30 days in prison and pay a $20,000 fine.
• U.S. v. Internet Research Agency, et al (1:18-cr-32, District of Columbia): A federal grand jury in the District of Columbia returned an indictment on February 16, 2018, against 13 Russian nationals and three Russian entities accused of violating US criminal laws in order to interfere with US elections and political processes. The indictment charges all of the defendants with conspiracy to defraud the United States, three defendants with conspiracy to commit wire fraud and bank fraud, and five defendants with aggravated identity theft.
• U.S. v. Richard Pinedo, et al (1:18-cr-24, District of Columbia): Richard Pinedo, of Santa Paula, Calif., pleaded guilty on February 12, 2018, to identity fraud, in violation of 18 U.S.C. 1028. On October 10, 2018, Pinedo was sentenced to serve six months in prison, followed by six months of home confinement, and orderedto complete 100 hours of community service.
• U.S. v. Michael T. Flynn (1:17-cr-232, District of Columbia): Lieutenant General Michael T. Flynn (Ret.), of Alexandria, Va., pleaded guilty on December 1, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001.
• U.S. v. George Papadopoulos (1:17-cr-182, District of Columbia): George Papadopoulos, of Chicago, Illinois, pleaded guilty on October 5, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001. The case was unsealed on October 30, 2017. On September 7, 2018, Papadopoulos was sentenced to serve 14 days in prison, pay a $9,500 fine, and complete 200 hours of community service.

5. Conclusion

• Excerpts from Attorney General William P. Barr’s “main findings of the special counsel’s two-year investigation into Russian interference in the 2016 presidential election.”William Barr via the New York Times, “Read Attorney General William Barr’s Summary of the Mueller Report,” nytimes.com, March 24, 2019,https://www.nytimes.com/interactive/2019/03/24/us/politics/barr-letter-mueller-report.html
  “The Special Counsel's investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 US presidential election. As the report states: ‘[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.’ ... The Special Counsel therefore did not draw a conclusion - one way or the other – as to whether the examined conduct constituted obstruction. Instead, for each of the relevant actions investigated, the report sets out evidence on both sides of the question and leaves unresolved what the Special Counsel views as ‘difficult issues’ of law and fact concerning whether the President's actions and intent could be viewed as obstruction. The Special Counsel states that ‘while this report does not conclude that the President committed a crime, it also does not exonerate him.’”

6. Cost of Investigation

• Total reported costs from May 17, 2017, to May 31, 2019: $36,886,670.55 in 2023 dollars Calculated online at in2013dollars.com on January 17, 2023. ($31,773,751 in 2019).US Department of Justice, "Special Counsel’s Office Statement of Expenditures, May 17, 2017 to September 30, 2017,” justice.gov, accessed January 17, 2023,https://www.justice.gov/archives/opa/press-release/file/1015746/download  US Department of Justice, "Special Counsel’s Office Statement of Expenditures, October 1, 2017 through March 31, 2018,” justice.gov, accessed January 17, 2023, https://www.justice.gov/file/1067341/download  US Department of Justice, "Special Counsel’s Office Statement of Expenditures, April 1, 2018 through September 30, 2018,” justice.gov, accessed January 17, 2023, https://www.justice.gov/archives/sco/page/file/1120106/download  US Department of Justice, "Special Counsel’s Office Statement of Expenditures, October 1, 2018 through May 31, 2019,” justice.gov, accessed January 17, 2023, https://www.justice.gov/archives/jmd/page/file/1190286/download
• Costs include those reported by the Special Counsel’s Office ($16,408,751), and additional Department of Justice costs that would have been spent on other investigations (about $15,365,000).
• The investigation uncovered tax evasion, leading to an estimated $48 million recovered by the government.Emily Gillespie, "Mueller Probe Cost $25 Million So Far, Report Says. It’s Pulled in $48 Million From Tax Cheats," fortune.com, December 14, 2018, reprinted on Yahoo!Finance: https://finance.yahoo.com/news/mueller-investigation-cost-25-million-223557478.html

[table id=35 /]Chart Notes: See the following footnotes for notes a-i. a,US Department of Justice, “Special Counsel’s Office Statement of Expenditures, May 17, 2017 to September 30, 2017,” justice.gov, accessed on March 22, 2018, https://www.justice.gov/archives/opa/press-release/file/1015746/download b,US Department of Justice, “Special Counsel’s Office Statement of Expenditures, May 17, 2017 to September 30, 2017,” justice.gov, accessed on March 22, 2018, https://www.justice.gov/archives/opa/press-release/file/1015746/download c,“Another $3.5 million has separately been spent by law enforcement personnel working on the investigation but who do not directly report to Mueller, DOJ said.” Laura Jarrett, et al., “Russia Probe Cost $7 million Over 5 Months, DOJ Says,” cnn.com, December 5, 2017, https://edition.cnn.com/2017/12/05/politics/robert-mueller-investigation-money-spent-fbi/index.html d,US Department of Justice, “U.S. Department of Justice Special Counsel’s Office Statement of Expenditures October 1, 2017 through March 31, 2018,” justice.gov, accessed May 31, 2018, https://www.justice.gov/file/1067341/download e,“Although neither legally required nor reported in prior Special Counsels’ Statements of Expenditures, DOJ components that support the SCO were asked to track expenditures attributable to the investigations. The expenditures for this period totaled $5,476,000, which approximates expenditures the components would have incurred for the investigations irrespective of the existence of the SCO.” From US Department of Justice, “U.S. Department of Justice Special Counsel’s Office Statement of Expenditures October 1, 2017 through March 31, 2018,” justice.gov, accessed May 31, 2018, https://www.justice.gov/file/1067341/download f,US Department of Justice, “U.S. Department of Justice Special Counsel’s Office Statement of Expenditures April 1, 2018, through September 30, 2018,” justice.gov, accessed on April 3, 2019, https://www.justice.gov/archives/sco/page/file/1120106/download g,“Although neither legally required nor reported in prior Special Counsels’ Statements of Expenditures, DOJ components that support the SCO were asked to track expenditures attributable to the investigations. The expenditures for this period totaled $3,906,000, which approximates expenditures the components would have incurred for the investigations irrespective of the existence of the SCO.” From US Department of Justice,, “U.S. Department of Justice Special Counsel’s Office Statement of Expenditures April 1, 2018, through September 30, 2018,” justice.gov, accessed on April 3, 2019, https://www.justice.gov/archives/sco/page/file/1120106/download h,US Department of Justice, “Special Counsel’s Office Statement of Expenditures, October 1, 2018, through May 31, 2019,” justice.gov, accessed on August 8, 2019, https://www.justice.gov/archives/jmd/page/file/1190286/download i.US Department of Justice, “Special Counsel’s Office Statement of Expenditures, October 1, 2018, through May 31, 2019,” justice.gov, accessed on August 8, 2019, https://www.justice.gov/archives/jmd/page/file/1190286/download

Conclusion

There have been nine completed presidential administrations since the beginning of Watergate to the date of this report, from Nixon to Trump. The only presidential administration that was not part of an investigation by a special prosecutor/independent counsel/special counsel was that of President Barack Obama.

The Mueller investigation took 675 days, which does not put it in the top three for the most days for a special presidential investigation: 3,716 for Whitewater; 2,420 for Iran-Contra; and 1,464 for Watergate. Although reporting of costs for each investigation varies and they are not apple to apple equivalents, the Mueller investigation into the Trump campaign was the fourth overall costliest; by per-day costs, it was first.

The metrics from the charts and information in this work suggest that the time and costs of the various presidential investigations don’t follow any discernible or clear patterns. Given the complexities of some of the investigations, questions not covered in this report may emerge from it, such as:

• Was the $83 million for the Clinton investigation too much or was the $650,000 spent on the H.W. Bush investigation too little?
• Were the 3,716 days spent on the Clinton investigations more important to our country than the 1,443 days spent on the W. Bush investigation?
• Were all or some of the investigations politically motivated at the start?
• Were any of the investigations extended or underfunded or cut short for political reasons?
• Should the counsel on the investigations be investigated? If so, by whom?

We hope this report will add a bit of sunlight to the somewhat arcane world of special prosecutor / independent counsel / special counsel investigations.

Appendix A: 24 Special Investigations Not Featured in This Report

The following is a list of the other 24 special investigations by a special prosecutor/independent counsel/special counsel that were not part of the research on the eight special investigations in this report; those investigations included possible offense(s) tied directly or indirectly to the president in office, and the investigation of President Gerald R. Ford which began with the investigation of President Nixon.

The 24 special investigations in this Appendix either occurred prior to 1973, or they seemingly involved personal behavior or actions not tied directly or indirectly to a presidential administration's business or action.

[table id=38 /]Chart Notes: See the following footnotes for notes a-f1. a,Sarah Pruitt, “The Whiskey Ring and America’s First Special Prosecutor,” history.com, May 18, 2017, https://www.history.com/news/the-whiskey-ring-and-americas-first-special-prosecutor b,Benjamin Harris Brewster, “Testimony of Attorney-General Brewster Together with the Letters and Documents Furnished to the Committee of the House of Representatives Appointed to Inquire Into the Expenditures of the Department of Justice,” Government Printing Office, 1884, https://books.google.co.uk/books?id=o1RJAAAAYAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false c,Callum Borchers, “Special Prosecutors are a Big Deal. Their Results Sometimes Aren’t,” washingtonpost.com, May 17, 2017, https://www.washingtonpost.com/news/the-fix/wp/2017/05/10/want-a-special-prosecutor-to-replace-james-comey-history-might-change-your-mind/ d,Steven G. Calabresi and Christopher S. Yoo, “The Unitary Executive: Presidential Power from Washington to Bush,” Yale University Press, October 2008, https://www.google.co.uk/books/edition/The_Unitary_Executive/4sJhrLROSc8C?hl=en&gbpv=0 e,Oliver Tatom, "Francis J. Heney (1859-1937)," Oregon Encyclopedia, last updated August 10, 2022, https://www.oregonencyclopedia.org/articles/heney_francis_j_1859_1937_/#.Y8l3jxXP0aE f,History.com, "Teapot Dome Scandal," history.com, last updated May 2, 2023, https://www.history.com/topics/roaring-twenties/teapot-dome-scandal g,Donald C. Smaltz, “The Independent Counsel: A View From Inside,” Georgetown Law Journal, Volume 86, Number 6, July 1998, https://govinfo.library.unt.edu/oic/SMALTZ/speeches/GTLJ.htm h,Richard H. Rovere, “Mr. Morris Goes to Washington,” The New Yorker, April 19, 1952, https://www.newyorker.com/magazine/1952/04/19/mr-morris-goes-to-washington i,“This three-judge panel, formally entitled the ‘Division for the Purpose of Appointing Independent Counsels,’is better known today as simply the ‘Special Division.’” Jim Mokhiber, “What is the Special Division?” PBS Frontline, May 1998, https://www.pbs.org/wgbh/pages/frontline/shows/counsel/office/special.html. “Although the Special Division is in no way involved with the judicial work of the D.C. Circuit, Congress created the Special Division as a ‘division of the United States Court of Appeals for the District of Columbia,’” according to “In the Matter of a Charge of Judicial Misconduct or Disability Judicial Council Complaint No. 99-1,” justia.com, March 24, 1999, https://law.justia.com/cases/federal/appellate-courts/F3/170/1152/503237/ j,George Lardner Jr., Lee Lescaze, Edward Walsh, Martin Schram and John Kennedy, “Prosecutor Appointed in Jordan Case,” washingtonpost.com, November 30, 1979, https://www.washingtonpost.com/archive/politics/1979/11/30/prosecutor-appointed-in-jordan-case/7fe93f4a-b90b-4562-a422-97d68fe197c4/ k,Warren Brown, “Carter Aide Steps Down Amid Probe,” washingtonpost.com, September 15, 1980, https://www.washingtonpost.com/archive/politics/1980/09/15/carter-aide-steps-down-amid-probe/825782c4-c107-4e25-8c2f-ab460ec59ad2/ l,Selwyn Raab, “Lawyer Named US Prosecutor In Donovan Case,” nytimes.com, December 30, 1980, https://www.nytimes.com/1981/12/30/nyregion/lawyer-named-us-prosecutor-in-donovan-case.html m,Judi Hasson, “Former Watergate Defense Lawyer Jacob A. Stein Was Named ...,” upi.com, April 2, 1984, https://www.upi.com/Archives/1984/04/02/Former-Watergate-defense-lawyer-Jacob-A-Stein-was-named/5885449730000/ n,Philip Shenon, “Independent Counsel Is Named In Inquiry Over E.P.A. Documents,” nytimes.com, April 25, 1986, https://www.nytimes.com/1986/04/25/us/independent-counsel-is-named-in-inquiry-over-epa-documents.html o,Howard Kurtz, “Ex-U.S. Attorney is Chosen to Head Deaver Investigation Justice Dept. Report on Allegations Released,” washingtonpost.com, May 30, 1986, https://www.washingtonpost.com/archive/politics/1986/05/30/ex-us-attorney-is-chosen-to-head-deaver-investigation-justice-dept-report-on-allegations-released/2c548377-2ddf-44d1-b1df-83ed72291f6f/ p,“Carl S. Rauh,” Carl Rauh Law Offices PLLC, rauhlaw.com, accessed on March 29, 2018 r,Associated Press, “Appointees Under Ethics Law,” nytimes.com, January 23, 1988, https://www.nytimes.com/1988/01/23/us/appointees-under-ethics-law.html s,Leslie Maitland Werner, “Counsel Named In Nofziger Ethics Case,” nytimes.com, February 3, 1987, https://www.nytimes.com/1987/02/03/us/counsel-named-in-nofziger-ethics-case.html t,Philip Shenon, “Prosecutor Picked for Inquiry on Ex-H.U.D. Chief,” nytimes.com, March 3, 1990, https://www.nytimes.com/1990/03/03/us/prosecutor-picked-for-inquiry-on-ex-hud-chief.html u,Washington Post, “The Snagged Passport Inquiry,” washingtonpost.com, July 12, 1993, https://www.washingtonpost.com/archive/opinions/1993/07/12/the-snagged-passport-inquiry/541e35bd-822b-4f38-a847-2aad63243b8e/ v,Robert Pear, “Bush Aide Accused Of Lying In Inquiry On Clinton Search,” nytimes.com, December 22, 1992, https://www.nytimes.com/1992/12/22/us/bush-aide-accused-of-lying-in-inquiry-on-clinton-search.html w,David Johnston, “Panel Names Chief Counsel For Inquiry In Espy Case,” nytimes.com, September 10, 1994, https://www.nytimes.com/1994/09/10/us/panel-names-chief-counsel-for-inquiry-in-espy-case.html x,David Johnston, “Lawyer Linked to 80's HUD Scandal Is Named to Investigate Housing Chief,” nytimes.com, May 25, 1995, https://www.nytimes.com/1995/05/25/us/lawyer-linked-to-80-s-hud-scandal-is-named-to-investigate-housing-chief.html y,Robert L. Jackson, “Ex-Prosecutor to Probe Ronald Brown Finances : Ethics: Special Counsel Daniel Pearson Will Examine if Commerce Secretary Filed Inaccurate Disclosure Reports.” latimes.com, July 7, 1995, https://www.latimes.com/archives/la-xpm-1995-07-07-mn-21077-story.html z,Curtis Emery Von Kann, “Testimony of Honorable Curtis Emery von Kann Before the Senate Committee on Governmental Affairs,” senate.gov, February 24, 1999, https://www.hsgac.senate.gov/imo/media/doc/vonKann.pdf a1,Associated Press, “Investigation Clears Former Clinton Aide,” nytimes.com, December 20, 1997, https://www.nytimes.com/1997/12/20/us/investigation-clears-former-clinton-aide.html b1,CNN AllPolitics, “Private Attorney Chosen To Investigate Alexis Herman,” cnn.com, May 26, 1998, https://edition.cnn.com/ALLPOLITICS/1998/05/26/herman/ c1,Robert L. Jackson and Ronald J. Ostrow, “Special Counsel Named in Babbitt Probe,” March 20, 1998, https://www.latimes.com/archives/la-xpm-1998-mar-20-mn-31028-story.html d1,David Johnston, “Ex-Senator Picked By Reno To Head New Waco Inquiry,” nytimes.com, September 9, 1999, https://www.nytimes.com/1999/09/09/us/ex-senator-picked-by-reno-to-head-new-waco-inquiry.html e1,News Release, “Attorney General Reno Selects Former Senator John Danforth As Special Counsel To Head Waco Review,” justice.gov, September 9, 1999, https://www.justice.gov/archive/opa/pr/1999/September/400ag.htm f1.Michael Balsamo and Eric Tucker, “Barr Appoints Special Counsel in Russia Probe Investigation,” apnews.com, December 2, 2020, https://apnews.com/article/election-2020-donald-trump-robert-mueller-statutes-elections-ae0275b4eb23981c1e6fbf9fc49c3239