West Virginia University College of Law professor Cody Corliss recently published new scholarship in the Utah Law Review. The article is titled "An International Prosecutor as U.S. Special Counsel" and appears in volume 2025, issue 3 of the journal. The full article is available on SSRN at: https://papers.ssrn.com/abstract_id=4847740
From the abstract:
The appointment of Jack Smith to investigate then-former President Donald Trump brought to the fore the essential qualities for special counsels who act when a conflict of interest precludes investigation by the Department of Justice. Most attention on Smith centered on his domestic work and its correlation with a special counsel’s responsibilities. That emphasis, however, obscured the most salient line on his resume: international investigator and prosecutor. The conclusion of Smith’s tenure as special counsel following the election of Donald Trump to a second term as president provides an opportunity to consider the skills and qualifications that matter most in a special counsel, particularly where an investigation will stress the rule of law.
This Article argues that a prosecutor with international criminal justice expertise (an “international prosecutor”) is the best choice for special counsel when the rule of law is at stake. Vindicating and restoring the rule of law is the sine qua non of an international prosecutor’s duty. Fulfilling that duty often demands that international prosecutors investigate and 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.
In light of the uncertainty regarding the future of the special counsel role, this Article offers concrete suggestions for the specific qualifications of those hold.
Find more of Professor Corliss's scholarship on SSRN.