West Virginia University College of Law professor Cody Corliss recently presented forthcoming scholarship at the International Legal Ethics Conference held at the University of Amsterdam, July 17-19, 2024. Professor Corliss presented An International Prosecutor as U.S. Special Counsel, a paper forthcoming in the Utah Law Review in 2025.
From the abstract:
The appointment of Jack Smith to investigate former President Donald Trump brings to the fore the essential qualities for special counsels who act when a conflict of interest precludes DOJ investigation.
Most attention on Smith has centered on his domestic work and its correlation with a special counsel's responsibilities. That emphasis, however, obscures the most salient line on his resume: international investigator and prosecutor. Where past special counsels have fallen short, Smith's international experience may yet give him the advantage to prevail in the special counsel role.
This Article argues that an international prosecutor is the best choice for special counsel when the rule of law is at stake because an international prosecutor operates where the rule of law has failed. Vindicating and restoring the rule of law is the sine qua non of the international prosecutor’s duty. Fulfilling that duty often demands that international prosecutors prosecute the highest government officials, including heads of state, while also confronting continued attacks on the legitimacy of the prosecution, the administration of justice, and the witnesses who testify. No domestic lawyering has quite the same resonance.
Find more of Professor Corliss's scholarship on SSRN and his SelectedWorks scholarship profile.