4

In the US, how do special prosecutors leave their role? Are they appointed for a limited time, do they resign or get fired?

I've looked at Mueller's appointment letter but it doesn't mention a specific time frame (or at least not directly).

I've looked through 25 U.S.C. 509, 510 and 515 but I don't find any definitive answers. The closest is probably paragraph 15 saying the appointee is commissioned by the Attorney General.

1 Answer 1

2

A change in designation from Special Prosecutor to Special Counsel was made July 9, 1999. The Rules for the Special Counsel are in 28 CFR 600 under the Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

The Wikipedia article, Special prosecutor covers this.

Terminating a special counsel investigation:

Generally, the special counsel him or herself decides when an investigation will terminate, with or without formal charges being pursued. The special counsel typically issues a final report on their investigation at this time. The current special counsel regulations specify that[6] "At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel."

28 CFR 600.8:

(c) Closing documentation. At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.

Once the closing documentation has been provided the investigation is concluded.

1
  • That said, they may stick around a bit longer to do some administrative wrap-up.
    – cpast
    May 31, 2019 at 20:49

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .