A Surprise Backer for the New Independent Counsel

It’s not news by now that AG Barr has appointed US Attorney John Durham as an Independent Counsel to continue to pursue the investigation of the Russia probe that fueled the failed impeachment effort against President Trump.  Although some of Barr’s opponents have criticized the appointment as a political stunt, one prominent lawyer wrote this in defense of precisely this sort of appointment:

“The need for a special counsel who is to some extent independent of the Attorney General and free of the conflicts of interest that exist when an Administration investigates alleged wrongdoing of its own officials has unfortunately been demonstrated several times in [the last] century.”

Who is the mystery author?

None other than President-elect Joseph R. Biden, writing as a leading member of the Senate Judiciary Committee in 1987.  The story is here.  Hat-tip to Prof. John Yoo at Berkeley Law.