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On July 14, 1994, Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") ate lunch in the Senate dining room with Republican North Carolina Senators Lauch Faircloth and Jesse Helms. Judge Sentelle later described the lunch as nothing more than a visit with old friends, the discussion ranging from prostate problems to country music.' At the time of the lunch, however, Judge Sentelle was a member of the Court of Appeals "Division to Appoint Independent Counsels" ("Special Division"), a threejudge panel which makes such appointments pursuant to the Ethics in Government Act of 1978 ("Ethics Act").2 The Special Division was then considering the appoint-

Counsels, Councils and Lunch: Preventing Abuse of the Power to Appoint Independent Counsels