The Special Counsel Law was created to go around the Attorney General.

[kentuck]

Neal Katyal just said as much on MSNBC.

Otherwise, the Attorney General could do the investigation and make his own conclusions.

But, that was why the law was created - to be independent of the Attorney General. Because the Attorney General might be biased or favor the President.

If the Atty-General could investigate by himself, there would be no need for a Special Counsel.

It is a very basic and simple premise but it needs to be said.

[tymorial]

1. I disagree.

The office of independent counsel was certainly designed to be independent of the AG because that office reported to congress. The special counsel was created in 1999 when the former office was not reauthorized by congress.

The special counsel is independent from the Attorney General but the counsel is called by the AG and the SC ultimately reports to the AG and confers with the AG. The DOJ is still part of the Executive and in an honorable administration this arrangement may be sufficient but we do not have an honorable administration. Quite frankly, we screwed ourselves over by removing the IC due to fear of another Ken Starr.


From the regulation:
In cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -

(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

Under the Jurisdiction Heading:

a)Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.

(b)Additional jurisdiction. If in the course of his or her investigation the Special Counsel concludes that additional jurisdiction beyond that specified in his or her original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of his or her investigation, he or she shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel's jurisdiction or assign them elsewhere.

(c)Civil and administrative jurisdiction. If in the course of his or her investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, he or she shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General.