Kennedy Won’t Vote on Special Prosecutor Law

Justice Anthony M. Kennedy will not take part in the Supreme Court’s deliberations on the constitutionality of a federal law authorizing independent counsels to investigate alleged crimes by government officials, a spokeswoman said Friday.

Court spokeswoman Toni House said Kennedy, who joined the court on Feb. 18, removed himself from consideration of the case without stating a reason.

His absence creates the possibility of a 4-4 tie when the court’s ruling, expected by July, is announced. If that occurs, the deadlock would have the effect of nullifying the law because it would uphold a decision last month by the U.S. Circuit Court of Appeals here that declared the statute unconstitutional.

Basis for Court Ruling

The appeals court struck down the law on grounds that it gives presidential appointment power to the federal courts. The law authorizes a federal court to appoint a special prosecutor when the attorney general recommends an independent investigation of a high-ranking official accused of a crime.

The Supreme Court will hear arguments in the case on April 26 in an appeal by independent counsel Alexia Morrison, who is investigating former Justice Department official Theodore B. Olson on charges that he lied to Congress.

The perjury conviction of former White House aide Michael K. Deaver also could stand or fall depending on the court ruling.

Two other investigations that could be affected are a probe of the Iran-Contra affair and another that resulted in the Feb. 11 conviction for illegal lobbying of former White House aide Lyn Nofziger.

Kennedy’s decision not to take part in the case prompted speculation that he may have been concerned about former ties to President Reagan and his aides.