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Congressional Immunity Grants And Separation Of Powers: Legislative Vetoes Of Federal Prosecutions, Hanah M. Volokh

Hanah M. Volokh

Congressional investigations can derail criminal prosecutions. The most famous example is the failure of the prosecution of Oliver North for his role in the Iran-Contra scandal after he testified at a congressional committee hearing about his conduct. The D.C. Circuit Court of Appeals held that much of the evidence being used in the prosecution was tainted by association with North's compelled congressional testimony and could not be used at trial.

The knowledge that congressional investigations and grants of immunity can create problems for prosecutors has not stopped either the investigations or the immunity grants. Recently, Congress granted immunity to a …