A Coercive Congress also enjoys an enhanced role in initiating an independent counsel appointment because the powers of the Attorney General in conducting her preliminary investigation are severely limited. Under the statute, the Attorney General cannot convene grand juries, plea bargain, grant immunity, or issue subpoenas.79 Essentially, all the Attorney General can do is conduct interviews and take depositions.

As a result, Congress can play a major role in establishing the facts upon which the Attorney General will base her preliminary investigation. Carefully orchestrated hearings and a selective focus on accusatory witnesses could guarantee that an independent counsel will be appointed.80 Other witnesses who may be inclined to exonerate the executive branch official being investigated might assert their Fifth Amendment privilege, leaving the Attorney General little or no choice but to recommend an appointment. Finally, congressional findings may also compel an independent counsel appointment.81

link