Sunday, May 21, 2017

Special Counsel Appointment Docs and Regs

Deputy AG Rod Rosenstein's press release announcing the appointment of former FBI Director Robert S. Mueller III to serve as Special Counsel is here. The appointment order is here. The order includes the following authority:

to conduct the investigation confirmed by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:

(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and

(ii) any matters that arose or may arise directly from the investigation; and

(iii) any other matters within the scope of 28 CFR Sec. 600.4(a).

Rosenstein is acting AG for the purpose of the appointment, because AG Sessions recused himself. As Acting AG, Rosenstein has the AG's authority to appoint a special counsel under 28 USC 515.

DOJ regs on special counsel are at 28 CFR 600.1 - 600.10. Section 600.4 says that the special counsel's jurisdiction is set by the AG (or in this case the Acting AG) and provides for additional jurisdiction, with permission of the AG. Section 600.6 sets out the special counsel's power and authority, and provides for its independence. Section 600.7 says who the special counsel reports to ("The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department."), when and how the AG can intervene in the Special Counsel's operations (when the AG concludes that "the action is so inappropriate or unwarranted under established Departmental practices that it should not be pursued."), and when and how the Special Counsel can be disciplined or removed ("for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.").

http://lawprofessors.typepad.com/conlaw/2017/05/special-counsel-appointment-docs-and-regs.html

Appointment and Removal Powers, Executive Authority, News, Separation of Powers | Permalink

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