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Originally Posted by iron81
Simplicitus, that seems to be referring to the independent council law that expired years ago. Based on the IC name and the reference to a court handling the twrmination. Mueller is a Special Council.
Nope, it's a June 2017 Report from the Congressional Research service dealing with the current SC law.
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"Following the lapse of the statutory independent counsel provisions [in 1999], DOJ promulgated regulations authorizing the Attorney General (or, if the Attorney General is recused from a matter, the Acting Attorney General) to appoint a “special counsel” to conduct specific investigations or prosecutions that may be deemed to present a conflict of interest if pursued under the normal procedures of the agency. Under these regulations, the Attorney General may appoint an individual from outside the federal government to investigate and prosecute criminal matters within his or her assigned jurisdiction. Two instances in which the Attorney General has invoked this authority include the investigation of the Branch Davidian incident in Waco, Texas, and the current investigation of alleged Russian interference in the 2016 election. Special counsels appointed under this authority are vested “within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Special counsels are not subject to “day-to-day supervision” by any official, but may be asked to report to the Attorney General during the course of their work. The Attorney General must “give great weight to the views of the Special Counsel” but may conclude that particular actions should not be pursued and must notify Congress accordingly if the Attorney General rejects a particular course of action. Additionally, the Attorney General maintains the authority to discipline or remove the special counsel for cause."
To explain, the current SC law is actually a set of "regulations" that govern the office. Most "regulations" are enacted based on statutes passed by Congress, but they tend to be more specific, with operational details that give meaning to broader terms used in statutes. There are laws that govern how such regulations are made under the Administrative Procedure Act and other statutes, e.g., they are subject to notice and comment periods, etc.
Now, it may be that the current special counsel regulations are not actually enacted based on a statute (which lapsed) but from the Consitution itself, to specify the role of a special counsel in light of inherent conflicts from the executive branch investigating itself. Could the president, in theory, rescind the regulations? In theory, but the Executive branch cannot merely rescind regulations willy nilly. He would be stopped by the courts and, in any event, any attempt would absolutely force Congress to pass a new special counsel law.
[By the way, this whole thing will serve as the basis for Administrative Law exams in law schools for at least the next 15 years.]
Last edited by simplicitus; 07-21-2017 at 12:26 AM.