No Charges in Case of Ex-Aide in Justice Dept.

Independent prosecutor Alexia Morrison, who successfully defended the independent counsel law before the Supreme Court, announced today she has declined to file criminal charges in the case involving former Assistant Atty. Gen. Theodore Olson.

Morrison announced her decision in a two-year investigation into whether Olson lied to Congress more than five years ago about the withholding of documents in the 1983 Environmental Protection Agency scandal.

Olson was not immediately available for comment.

The decision means Morrison determined that there are no reasonable grounds to believe that a crime has been committed and that an indictment is not warranted, said David Zerhusen, a lawyer for Olson.

“We are pleased by the decision. I couldn’t be happier for Ted that this long ordeal is finally over,” Zerhusen added.

The inquiry was resumed after the Supreme Court’s June 29 ruling upholding the constitutionality of the independent counsel law under which Morrison and other independent prosecutors--including Iran-Contra prosecutor Lawrence E. Walsh--were appointed.

Morrison was appointed by a special federal appeals court panel in April, 1986, to investigate Olson under the 1978 Ethics in Government Act. Morrison had refused a backup appointment from the Justice Department, which would have maintained her authority had the high court ruled that the independent counsel law is unconstitutional.

If the Supreme Court had ruled against the law, Morrison’s prosecution would have ended then. At issue before the court was whether the law violated the Constitution’s mandate of separation of powers by giving the judicial branch the power to appoint independent prosecutors, a move usually reserved under the general authority of the attorney general, who is part of the executive branch.

Morrison, in a statement issued by her office, said she will file a report explaining her findings and decision with a special division of the U.S. Court of Appeals, which will determine whether to make the report public.