35

Let me go into a little more detail than Panda's (excellent) answer. In the past, presidents have fired special prosecutors/counsels for various reasons; the laws governing the special counsel explain some of the reasons that Attorney General could do so (§ 600.7), and these were presumably also possible reasons for a president. However, this presidential ...


15

FiveThirtyEight has a chart and an article that compares the current special counsel investigation to previous ones, accurate as of November 29, 2018. It's worth noting that the current special counsel has indicted many people abroad. Here's an older chart that labels the number of indictments of people abroad. As this article explains: There’s a problem, ...


15

No, only the Attorney-General can fire the special counsel. 28 CFR Part 600 outlines the general powers of a special counsel. Section 600.7 mentions how can the special counsel be removed from office. (d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a ...


11

Updated answer based on discussion with OP (see comments). First, a disclaimer: I am not a lawyer, so there's a good chance I'll mess something up here. I'll begin by noting that a special counsel, such as Robert Mueller, is considered an attorney for the government. As such, the rules and regulations of the Department of Justice apply to him just as they ...


8

Kenneth Star was an Independent Counsel, as you said. However, the law which created that provision expired in 1999. Mueller is a Special Counsel, which performs much the same purpose, but is authorized by Justice Department regulations rather than Congressional law. Thus there is no legal requirement for Mueller to submit a report to Congress, so he didn'...


8

New indictments in the Mueller report According to the New York Times which bases itself on a Justice Department Official: Mr. Mueller did not suggest additional charges as part of his investigation, when he delivered his findings to Mr. Barr on Friday. This caps the special counsel’s charges at 199, filed against 34 people and three companies. The “...


8

The new Attorney-General will take over the investigation unless the new AG recuses himself too. This is because Jeff Sessions recused himself and that does not mean that all future AG need to recuse themselves. The special counsel is overseen by the AG, the Deputy AG only took over the investigation because the AG recused himself.


6

Basically, both investigations are looking into different things. The Justice Department's investigation which is led by special counsel Robert Mueller, the former FBI director, is investigating "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump". As for the House and Senate ...


6

The idea is to appoint an investigator without any appearance and perception of a conflict of interests. They are generally used when there is some potential official corruption suspected. Government investigators are generally part of some organizational hierarchy which potentially can influence their career paths. Even if that investigator does nothing ...


6

Possibly At least, some politicians seem to think it's a possibility: Rep. Karen Bass, D-Calif., another member of the Judiciary Committee, told USA TODAY the report "should not be censored by the attorney general or by the White House. The president is the subject of the report. To hand it over to the person who is the subject of the report and you ...


5

Simply put because a promised pardon isn't a pardon yet. Promising a pardon could just be an act to try and prevent the prosecution without an actual intent to carry through with it due to various political reasons. Also after the trial and possible conviction the pardon could be withdrawn due to evidence revealed at the trial itself that makes a pardon ...


4

As Bobson correctly notes, the legislation for the Independent Counsel has lapsed; the new Special Counsel regulations which replace it, 28 CFR 600, set up an indirect reporting. By 28 CFR 600.8(c) (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 ...


4

Even if the President's direct authority to censor the report is unclear, the Attorney General (who may be removed at will the President) does have this power to censor any parts of Special Counsel report if it is released to the public at all: Ultimately, whether or not the report produced by the special counsel Robert Mueller's team is made public will ...


4

This answer is based on the assumption that the President can pardon himself. It's not exactly clear if the President can do so as the Constitution neither allows or disallows it explicitly. Yes, anyone pardoned for a specific crime can still be charged for other crimes that he was not pardoned for. However, the example that you've cited – "collusion&...


3

The general powers of a special counsel are outlined under 28 CFR Part 600. Section 600.5 outlines the powers and authority of a special counsel. § 600.6 Powers and authority. Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority ...


3

Pre-conviction pardons aren't allowed in Missouri. The Governor's authority to grant reprieves, commutations, and pardons is derived from the Constitution of Missouri, article IV, section 7 which provides that the Governor may grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment. Given the ...


3

I found a piece investigative journalism which goes in a bit more detail on this, in part contradicting some of the simpler statements. Basically, the classified appendix did exist but wasn't volume III. And the reason why there is a court order is that the publication of the whole report (as it was) was challenged in court by... the defendants. Submitted ...


3

Everything mentioned is an option. He can re-charge Smollet, charge the cops/investigators/others for mishandling, or charge Smollet with a new crime if unsavory things happened. Basically, he's a prosecutor, and he can prosecute virtually any crime he sees fit to got to trial. Per local Chicago news: A special prosecutor has the power to reinstate ...


2

Well, obviously in this case the prosecutor (who was then barred by a judge from pursuing the case themselves) had actually made this a campaign promise, so that's a pretty obvious reason to go through with it: Circuit Judge Thomas Clark II on Thursday dismissed Circuit Attorney Kim Gardner and her entire staff, saying campaign fundraising emails Gardner ...


2

The official reason? Riaboshapka was too slow in bringing results. The actual reason? TL;DR: It's a short-term gamble to mollify competing interests that threaten to remove him from office. Zelenskiy's polling numbers (as well as those of his Prime Minister and Parliamentary Speaker) have dropped lately due to their work on the Steinmeier Formula (...


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 ...


2

This is, of course, a developing story, but per the Attorney General's March 29, 2019 letter to the House Judiciary Committee Chair Although the President would have the right to assert privilege over certain parts of the report, he has stated publicly that he intends to defer to me and, accordingly, there are no plans to submit the report to the White ...


2

To elaborate on Tony's excellent answer: There is a continual misunderstanding of the Department of Justice and Special Counsel. I think that most people judge by their own point of view. Such as if I, as a private citizen, were to steal something from a coworker, the cops will come, charge me with a crime, a judge will look at my case and give me a ...


2

tl;dr Most of these claims are invalid and I think these protests are part of a campaign of the ruling coalition to show that they still have popular support in an effort to legitimize their latest political acts to increase influence over the judiciary. Long answer In order to answer your first question, I will rely on the Ministry of Justice request to ...


1

Congress does have a right to the documents in so far as they are acting as oversight on the Executive Branch (of which, DOJ is a subset) and as a check that the money they authorized each department is being properly spent. While I don't know what the climate was like in 1941, keep in mind one of the failures of Intelligence back then that lead to Pearl ...


1

No. Juanita Broaddrick did sign a sworn written statement (which is what an affidavit is) in 1997 denying that Clinton had made “any sexual advances”, in lieu of testifying pursuant to a subpoena that was issued to her, but did not testify in person under oath either in a deposition or in a trial of any kind. She was interviewed by independent counsel ...


1

The short answer is yes he can legally fire the special counsel and any person who falls under the Executive Branch, of which he is the head. He cannot be charged with any crime or can anyone with police powers come and arrest him. That being said, it would be politically impossible for him to fire this special counsel under these specific circumstances ...


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