What is a special counsel?
A special counsel is appointed when the attorney general (or, when he is recused, the acting attorney general – which is why it was the responsibility of Rosenstein and not Jeff Sessions) believes a criminal investigation into something or someone is warranted, but there would be a conflict of interest if the Department of Justice or a U.S. Attorney’s Office directly ran the investigation as they normally would.
The attorney general also has to believe that it’s in the public interest for a special counsel to take charge.
The case for a special counsel in these circumstances was relatively clear, given that the investigation started by the FBI was looking into possible collusion between Russia and the Trump campaign (which Comey confirmed in testimony before the House Intelligence Committee back in March).
That case was strengthened when Trump fired Comey and it emerged that Comey said Trump had leaned on him to end the investigation into former national security adviser Michael Flynn.
Democrats had been pressuring Rosenstein to appoint a counsel because he wrote a memo originally used by the White House to publicly justify Comey’s firing.
In a statement announcing Mueller’s appointment, Rosenstein wrote that, “based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”
The counsel has to be a lawyer from outside the U.S. government “with a reputation for integrity and impartial decisionmaking,” as well as appropriate experience. Mueller headed up the FBI for twelve years and is widely respected.
A special counsel serves a similar purpose to a special prosecutor or independent counsel, but the terminology has changed as different laws have governed the position.
Unlike the independent counsel, whose legal authorities under congressional statute expired, the special counsel is not wholly independent of the Justice Department, and may be removed for cause. The position is governed by a set of Department of Justice regulations, introduced in 1999 – 28 CFR Part 600.
A potentially important note: Rosenstein has the power to discontinue the investigation when it comes up for annual review. The regulation states: The special counsel must report to Attorney General annually and submit a budget request, at which point “[t]he Attorney General shall determine whether the investigation should continue and, if so, establish the budget for the next year.”
What is Mueller investigating?
continued
https://www.newsweek.com/trump-pres...ecutor-robert-mueller-so-whats-his-job-637074