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36 votes
Accepted

Who can fire the special counsel appointed by the Justice Department?

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 ...
HDE 226868's user avatar
  • 1,824
17 votes

Why would Biden seeking re-election be a reason to appoint a special counsel for the Justice Department's Trump investigations?

Simply to minimize the look that it is Biden and his appointed officials who are investigating a political opponent. The goal of appointing a special counsel is to ensure that the investigation ...
Joe W's user avatar
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16 votes

Who can fire the special counsel appointed by the Justice Department?

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. ...
Panda's user avatar
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15 votes
Accepted

How does the Mueller investigation compare with former investigations in terms of length of time, money spent, and indictments?

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 ...
Panda's user avatar
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11 votes

Do DOJ regulations prohibit a Special Counsel from indicting the President?

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, ...
tonysdg's user avatar
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9 votes
Accepted

Why would Biden seeking re-election be a reason to appoint a special counsel for the Justice Department's Trump investigations?

I understand reason #1, but I don't know why Biden running for re-election would be a reason to appoint a special counsel. Biden's intent to run for re-election doesn't seem like it would be a good ...
John Bollinger's user avatar
8 votes
Accepted

Why didn't Mueller have to submit a report to Congress?

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 ...
Bobson's user avatar
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8 votes
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Further indictments in special counsel Mueller's report

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, ...
JJJ's user avatar
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8 votes
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Who takes over oversight of the Russia investigation if Jeff Sessions resigns or is fired?

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 ...
Panda's user avatar
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6 votes
Accepted

Why are there separate investigations into Trump's alleged collusion with Russia?

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 ...
Panda's user avatar
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6 votes
Accepted

Why do Special Counsels (and other similar offices) exist if investigations can be conducted by other clearer means?

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. ...
Burt_Harris's user avatar
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6 votes

Can a US president censor a special counsel report

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 ...
Obie 2.0's user avatar
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5 votes

Why prosecute someone who has been promised a pardon?

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 ...
Joe W's user avatar
  • 16.8k
4 votes

Why didn't Mueller have to submit a report to Congress?

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) (...
against very long user names's user avatar
4 votes

Can a US president censor a special counsel report

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 ...
against very long user names's user avatar
4 votes

Does a Presidential Pardon apply to other crimes which are uncovered during the investigation of the pardoned crime?

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, ...
Panda's user avatar
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3 votes

How much authority does a special counsel have?

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 ...
Panda's user avatar
  • 46.6k
3 votes

Why prosecute someone who has been promised a pardon?

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 ...
ohwilleke's user avatar
  • 81.3k
3 votes

Was the Walsh special counsel report (on the Iran Contra) released completely uncensored?

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 ...
against very long user names's user avatar
3 votes
Accepted

Can special prosecutor Dan Webb charge Jussie Smollet?

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 ...
dandavis's user avatar
  • 3,144
2 votes

Why prosecute someone who has been promised a pardon?

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 ...
against very long user names's user avatar
2 votes

Why did the new Ukrainian government fire Ruslan Riaboshapka?

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. ...
Carduus's user avatar
  • 17.3k
2 votes
Accepted

How do special prosecutors leave their role?

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-...
Rick Smith's user avatar
  • 35.8k
2 votes

Can a US president censor a special counsel report

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 ...
De Novo's user avatar
  • 199
2 votes

Do DOJ regulations prohibit a Special Counsel from indicting the President?

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 ...
Frank Cedeno's user avatar
  • 3,948
2 votes

Who can fire the special counsel appointed by the Justice Department?

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, nor can anyone with ...
Frank Cedeno's user avatar
  • 3,948
2 votes

Are Romania's ruling coalition's gripes with the anti-corruption administration valid?

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 ...
Alexei's user avatar
  • 53.1k
1 vote

Is there any provision for Non-Disclosure for Congressmen demanding temporary documents of an ongoing investigation?

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 ...
hszmv's user avatar
  • 16.1k
1 vote

Did Juanita Broaddrick testify under oath against Bill Clinton?

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 ...
ohwilleke's user avatar
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