GOP presidential candidate Donald Trump threatened to prosecute and "jail" his opponent Hillary Clinton. Not only does it mirror the dangerous rhetoric of dictators and despots, but by law it is impossible.
As a result of Watergate, in 1977 Congress passed
the Ethics in Government Act (EGA) which for the first time defined procedures
for the appointment of a special prosecutors. Specifically, the Act provided
that upon receiving allegations relating to certain "covered
persons", the Attorney General was required to conduct a preliminary
investigation. If the preliminary investigation suggested that further
investigation was warranted, the AG was required to petition three judge panel
established by the statute and known as the "Special Division," to
appoint an "independent counsel." Several aspects of the Act require
further explanation.
Reminiscent of the most traumatic government upheaval of the
Watergate crisis, according to the Washington Post, In 1973, President Nixon discharged Special Prosecutor
Archibald Cox and accepted the resignations of Attorney General Elliot L.
Richardson and Deputy Attorney General William D. Ruckelshaus, when thet refused to fire Cox. Finally, Robert Bork agreed to fire Cox.
The President also abolished the office of the
special prosecutor and turned over to the Justice Department the entire
responsibility for further investigation and prosecution of suspects and
defendants in Watergate and related cases.
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