Some snippets:
The Independent Counsel statute provides that
Upon the request of an individual who is the subject of an investigation conducted by an independent counsel pursuant to this chapter, the division of the court may, if no indictment is brought against such individual pursuant to that investigation, award reimbursement for those reasonable attorneys' fees incurred by that individual during that investigation which would not have been incurred but for the requirements of this chapter.. . . Accordingly, in order to obtain an attorneys' fees award under the statute, a petitioner must show that all of the following requirements are met:
1) the petitioner is a "subject" of the investigation;. . .2) the fees were incurred "during" the investigation;
3) the fees would not have been incurred "but for" the requirements of the Act; and
4) the fees are "reasonable."
B. Fees Not Incurred "But For" the Requirements of the Act
We have previously established that "[a]ll requests for attorneys' fees under the Act must satisfy the 'but for' requirement." . . . And we have repeatedly held that "[t]he most difficult element for a fee applicant to establish under the Act is that the fees 'would not have been incurred but for the requirements of [the Act].'" . . . In order to establish eligibility for an award, the fee applicant must show that the amounts claimed are only those fees and expenses above and beyond those she would have incurred as a result of an investigation by the DOJ. . .
If the investigative act generating the defensive costs would, in the absence of the Act, have been pursued by other authorities--'had the case been handled by the Department of Justice or other executive authorities rather than the Independent Counsel'--then Congress did not contemplate the award of counsel fees. . .
January 12, 1994 - Clinton requests appointment of Special Counsel in Whitewater matter