Selecting prosecutors based on their political party membership might be a cure worse than the current affliction.
The affidavit was prepared by prosecutors, based on information provided by F.B.I. agents and police detectives, said several people briefed on the case, who spoke on the condition of anonymity because the investigation was continuing.
The cyber squad at the F.B.I.'s Tampa field office opened an investigation, after consulting with federal prosecutors, based on what appeared to be a legitimate complaint about e-mail harassment.
In April, The New York Times reported that federal prosecutors — based on information developed from their investigation of Jacobs — were looking into whether Matt Lehr, an offensive lineman for the New Orleans Saints, had distributed performance-enhancing drugs.
Judge D. Brock Hornby, of Federal District Court in Portland, sentenced Ducan Fanfan to 6 years instead of almost 20 in a drug case, saying the court was not entitled to consider increases requested by prosecutors based on the quantity of drugs involved and whether they included crack cocaine.
Mr. Conrad's recommendation for the appointment of a special prosecutor was based on Mr. Gore's responses in two areas: a fund-raising appearance by Mr. Gore at a Buddhist temple in California in April 1996 and fund-raising coffees for Democratic campaign donors at the White House.
The roughly eight- to-10-year term requested by prosecutors is based on guidelines that are nonbinding.
It would also require that fees — currently decided by the prosecutors — be based on a schedule set by the court.
