what does special counsel to attorney general mean

According to federal regulations, the attorney general can appoint special counsel when they think a criminal investigation is necessary but a probe by the Justice Department would "present a conflict of interest for the Department or other extraordinary circumstances" and "it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter."

Full Answer

What is a special counsel at a law firm?

Feb 27, 2020 · 4.9/5 (2,227 Views . 33 Votes) Special Counsel is the same as “of counsel”, meaning there is a close association with the law firm, but the attorney is neither an employee nor a partner of that firm. They can also be called “senior counsel” or some other designation.

When does the Attorney General appoint a special counsel?

Oct 07, 2020 · A special counsel is a lawyer who is brought in to assist a state or federal jurisdiction during a specific case, when that institution feels that it is in the public interest.

What does it mean to be a special prosecutor?

Feb 08, 2022 · The Special Counsel makes decisions within the appropriate level of delegation assigned to the role. Subject to the needs of the relevant Director and General Counsel, Special Counsel may lead, manage and supervise a group of staff provided to assist the role in the conduct of a matter.

What does it mean to initiate a Special Counsel investigation?

In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. Beside above, what is a special counsel Australia?

What do special counsel do?

What Do Special Counsels Do? A special counsel is a lawyer who is brought in to assist a state or federal jurisdiction during a specific case, when that institution feels that it is in the public interest.Jan 5, 2022

What means special counsel?

Legal Definition of special counsel : counsel appointed to fill a particular need specifically, capitalized : a government official charged with protecting employees from illegal practices by employers and especially from employer reprisal for whistleblowing.

What is a special attorney general?

Special Assistants to the Attorney General are attorneys outside the divisional structure who serve on the Attorney General's executive staff, assisting him directly on a variety of legal matters and representing the Attorney General as members or liaisons to several boards and commissions.

What is a special attorney?

A special power of attorney allows a person (the principal) to authorize another individual (the agent) to make legal decisions on their behalf. The agent can act on behalf of the principal only under specific, clearly defined circumstances.

What is the difference between of counsel and special counsel?

Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept.

What is John Durham's position?

Special Counsel for the United States Department of Justice since 2020John Durham / Office

What is a special counsel in NSW?

SOLICITORS' USE OF THE TITLE “SPECIAL COUNSEL” It signifies a differentiation, based on merit, between a person of that status and another employed solicitor within the legal practice and the profession generally.

What does the attorney general do UK?

The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers' departments.

What is the meaning of Of Counsel?

Typically, the designation “of counsel” means an attorney who is employed by a firm but not as an associate or partner. Often the designee is a former judge or government official transitioning to private practice. Sometimes they have caseloads and busy calendars.Aug 15, 2012

What is the difference between special and general power of attorney?

A General power of attorney (GPoA) is a legal document authorising one person (called an agent) to act on behalf of another (the principal). ... A Special power of attorney (SPoA) is a legal document authorising one person (called an agent) to act on behalf of another (the principal).Mar 22, 2016

What is general and special power of attorney?

General Power of Attorney vs Special Power of Attorney In a general Power of Attorney, the executor of Power of Attorney (Principal) authorizes the Power of Attorney holder to perform any nature of activity in the context of his immovable and movable property in his name and on his behalf.

Is General Power of Attorney revocable?

A power of attorney is revocable at the will of the principal. However, while drafting the document of power of attorney, a clause can be added which specifically states that this power of attorney is not revocable at the will of the principal.Jun 5, 2021

What is the purpose of a special counsel?

In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict ...

What are the regulations for the appointment of a special counsel?

In 1999, the Department of Justice under Attorney General Janet Reno promulgated regulations for the future appointment of special counsels. As of 2018, these regulations remain in effect in the Code of Federal Regulations, Title 28, part 600 (28 CFR §600). The regulations restrict the power to fire the special counsel into the hands of the attorney general alone, and they forbid the firing of the special counsel without good cause. They are internal Department of Justice regulations deriving their power from various acts of Congress, such as U.S. Code, Title 28, section 510 (28 U.S.C. 510). Congress has the power to directly limit the firing of special counsels or to delegate that power to the Attorney General. An agency regulation promulgated within the authority granted by statute has the force and effect of law, is binding upon the body that issues it, and can't be arbitrarily revoked.

When did the Special Counsel Act expire?

Since the expiration of the independent counsel statute in 1999 , there has been no federal statutory law governing the appointment of a special counsel. Upon the law's expiration in 1999 , the Justice Department, under Attorney General Janet Reno, promulgated procedural regulations governing the appointment of special counsels.

Who was the first federal prosecutor?

The first federal special prosecutor, John B. Henderson, was appointed by Ulysses Grant in 1875 to investigate the Whiskey Ring scandal. After attempting to stifle Henderson's investigation of the president's personal secretary, Grant fired Henderson on the basis that Henderson's statements to a grand jury regarding Grant were impertinent. Following criticism, Grant appointed a new special prosecutor, James Broadhead, to continue the investigation.

What was the Ethics in Government Act of 1978?

Inspired in part by Watergate, in 1978 Congress passed the Ethics in Government Act. Title VI of this act was known as the Special Prosecutor Act and later renamed the Independent Counsel Act, which established formal rules for the appointment of a special prosecutor. The appointment of special prosecutors varied in important ways from appointments made before and since. Majorities of either party within the House or Senate Judiciary Committee could formally request the attorney general to appoint a special prosecutor on a particular matter, but the decision of whether or not to appoint the independent counsel remained with the attorney general and was not reviewable in court. If the attorney general decided not to appoint an independent counsel in response to such a request, they were only required to respond in writing with the reasons. Although the decision to appoint a special prosecutor was still made by the attorney general, the actual selection of the special prosecutor was made by a three-judge panel called the Special Division, selected from the Courts of Appeals. The law did not allow special prosecutors to be removed except under specific circumstances such as wrongdoing or incapacitation. The special prosecutor provisions in the bill were temporary but were reauthorized by Congress in 1983 and 1987, expiring five years later in 1992; they were reinstated for another five years in 1994 before expiring again in 1999. The constitutionality of the law was affirmed by a 7–1 decision of the Supreme Court in the case of Morrison v. Olson .

Who was Nixon's attorney general?

Before his May 25, 1973, appointment as Richard Nixon 's attorney general, Elliott Richardson had agreed at his Senate confirmation hearing to appoint a Watergate special prosecutor, and so immediately on taking office appointed Archibald Cox under a special one-time regulation. As part of his investigation, in July of that year, Cox first requested and then subpoenaed the Nixon White House tapes; secret recordings Nixon had made of conversations in the Oval Office and elsewhere. The Nixon administration refused to produce the tapes citing executive privilege, and the dispute was fought in court until October.

Does Congress have the power to appoint a special counsel?

Since the expiration of the independent counsel provisions in the Ethics in Government Act in 1999, as was the case before 1978, neither Congress nor the courts have any official role in the appointment of a special counsel; however Congress can use other powers to pressure an administration into appointing a special counsel. This happened, for example, in the appointment of Watergate special prosecutor Archibald Cox; senators secured a promise from Attorney General nominee Richardson to appoint a Watergate special prosecutor as a condition of his confirmation. Congress also has independent authority to investigate the president and their close associates through Congressional hearings as part of its government oversight role.

How rare are special counsels?

Special counsels have often been appointed to handle investigations involving members of the executive branch. They were especially common between the post-Watergate years and 1999, as there were specific legal provisions during that time on the use and appointment of special counsels (then called independent counsels).

What does this investigation mean for US politics?

In the past 25 years, American presidents were always awarded a second term in office. My research based on the US Congress shows that a scandal is often the only way that incumbents lose office in the US. It also shows that those who survive a scandal tend to regain electoral support after only a few years.

Who can appoint a special counsel?

Either the attorney general or Congress could appoint a special counsel, said William Banks, a professor and the founding director of the Institute for National Security and Counterterrorism at Syracuse University. A special counsel is a modern term for a special prosecutor, according to Banks, and any investigation would likely use "special ...

Who is the special counsel for Russia?

The Justice Department on Wednesday appointed Robert Mueller, a former FBI director, as a special counsel to investigate ties between associates of President Donald Trump and Russia. After the unexpected firing last week of FBI Director James Comey, lawmakers renewed calls for a special counsel, which multiple Democratic senators had called ...

What would a special counsel look into in the case of the Trump-Russia investigation?

In the case of the Trump-Russia investigation, a special counsel would look into classified and declassified documents that the FBI, CIA, and various departments and investigation groups might have about any ties.

Who recused himself from Russia?

After revelations about his conversations with Russia's ambassador to the US, Sergey Kislyak, Attorney General Jeff Sessions recused himself in March from investigations involving Russian interference in the 2016 presidential campaign.

What are the ties between Trump and Russia?

Trump and his inner circle have been accused of having close ties to Russia. The White House has denied many of those accusations. Previous reports have said: 1 Trump and several of his associates are drawing intense scrutiny because of alleged ties to and communications with the Russian government. 2 A dossier of claims alleged serious misconduct by the Trump campaign in the final months of the 2016 campaign. The White House has dismissed the dossier, and most of the claims remain unverified. 3 Trump's campaign aides had frequent contact with Russia, according to current and former officials who spoke to The New York Times in February. 4 A Washington Post article in March said Sessions met with the Russian ambassador twice during the 2016 election.

Overview

In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. Other jurisdictions have similar systems. For example, the investigation of an allegation against a sitting president or attorney generalmight be handled by a special prosecutor rather than by an or…

Terminology

United States appointment at the federal level

Legal authority

At the state level

Further reading

External links