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16 Alb. Gov't L. Rev. 1 (2022-2023)

handle is hein.journals/aglr16 and id is 1 raw text is: The States as an Independent Check on Criminal Misconduct by Executive Branch Officials: A New Form of Special Counsel WALTER BONNE* Over the last year, two local District Attorney's Offices - the Manhattan DA and the Fulton County DA - announced investigations into the former president or entities closely affiliated with the former president. While the ultimate viability of these investigations remains unclear, serious allegations of criminal misconduct have been directed toward former Trump Administration officials. This is against the backdrop ofrepeated failures by federal agencies -within both the Executive Branch and Legislative Branch- to hold Executive Branch officials accountable for accusations of criminal misconduct. And while states have traditionally declined to play a role in this arena, the two investigations represent a potential shift in attitude. While this Note acknowledges that state investigation and prosecution of executive branch criminal misconduct may create potential avenues for abuse, it is still important to explore this option given public demands for accountability and the need for trust in our criminal justice system. This Note probes the viability of state criminal investigation and prosecution of Executive Branch officials in light of the institutional and procedural barriers that plague federal agencies. This Note assesses whether the states can act as a quasi-Special Counsel capable of assuming independent law enforcement responsibilities because they derive their authority from a separate sovereign. After taking into account the legal, procedural, constitutional, and political implications, this Note concludes that, if exercised carefully, the states can provide an effective accountability mechanism over legitimate allegations of criminal misconduct. * - N.Y.U. School of Law, J.D., 2022. I am grateful to Professor Bethany Noll for guiding and mentoring me throughout the writing process. I would also like to thank the editors of the Albany Government Law Review for their thoughtful comments and edits. Lastly, I am forever appreciative to my family and friends, and most importantly, my partner Arianna Rappy, for supporting me unconditionally. 1

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