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Department of Justice Office of Special Counsel: Difference between revisions

Department of Justice Office of Special Counsel (view source)

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[[Image:Oiclogo.jpg|right|150px]]
[[Image:Oiclogo.jpg|right|150px]]


The prosecutor, who was appointed by a special panel of the [[United States Court of Appeals for the District of Columbia Circuit]], could investigate allegations of any misconduct, with an unlimited budget and no deadline, and could be dismissed only by the [[United States Attorney General|attorney general]] for "good cause" or by the special panel of the court when the independent counsel's task was completed. The president could not dismiss those investigating the executive branch. It was felt that the independence of the office would ensure impartiality of any reports presented to Congress. However, there have been critics of this law including [[Supreme Court of the United States|Supreme Court]] Justice [[Antonin Scalia]].<ref>{{cite news |first=Linda |last=Greenhouse |url=https://www.nytimes.com/2016/09/01/opinion/the-president-the-prosecutor-and-the-wheel-of-fortune.html |title=The President, the Prosecutor, and the Wheel of Fortune |date=1 September 2016 |newspaper=[[The New York Times]] }}</ref> Many{{who|date=October 2018}} argued the new independent counsel's office was a sort of "fourth branch" of government that had virtually unlimited powers and was answerable to no one. However, the constitutionality of the new office was ultimately upheld in the 1988 Supreme Court case ''[[Morrison v. Olson]]''.
The prosecutor, who was appointed by a special panel of the [[United States Court of Appeals for the District of Columbia Circuit]], could investigate allegations of any misconduct, with an unlimited budget and no deadline, and could be dismissed only by the [[United States Attorney General|attorney general]] for "good cause" or by the special panel of the court when the independent counsel's task was completed. The president could not dismiss those investigating the executive branch. It was felt that the independence of the office would ensure impartiality of any reports presented to Congress. However, there have been critics of this law including [[Supreme Court of the United States|Supreme Court]] Justice [[Antonin Scalia]].<ref>{{cite news |first=Linda |last=Greenhouse |url=https://www.nytimes.com/2016/09/01/opinion/the-president-the-prosecutor-and-the-wheel-of-fortune.html |title=The President, the Prosecutor, and the Wheel of Fortune |date=1 September 2016 |newspaper=The New York Times }}</ref> Many{{who|date=October 2018}} argued the new independent counsel's office was a sort of "fourth branch" of government that had virtually unlimited powers and was answerable to no one. However, the constitutionality of the new office was ultimately upheld in the 1988 Supreme Court case ''[[Morrison v. Olson]]''.


Previously under the Independent Counsel Reauthorization Act of 1994, United States Attorney General [[Janet Reno]] had [[Donald Smaltz]] appointed Independent Counsel by the [[United States Court of Appeals]] for the District of Columbia (Division for the Purpose of Appointing Independent Counsels Ethics in Government Act of 1978, As Amended, Division 94-2) on September 9, 1994, to "investigate to the maximum extent authorized by [[law]]" whether the [[United States Department of Agriculture|US Department of Agriculture]] Secretary [[Mike Espy]] "committed a violation of any federal criminal law . . . relating in any way to the acceptance of gifts by him from organizations or individuals with business pending before the Department of Agriculture." Smaltz was also given jurisdiction to investigate "other allegations or evidence of violations of any federal criminal law by organizations or individuals developed during the course of the investigation of Secretary Espy and connected with or arising out of that investigation."
Previously under the Independent Counsel Reauthorization Act of 1994, United States Attorney General [[Janet Reno]] had [[Donald Smaltz]] appointed Independent Counsel by the [[United States Court of Appeals]] for the District of Columbia (Division for the Purpose of Appointing Independent Counsels Ethics in Government Act of 1978, As Amended, Division 94-2) on September 9, 1994, to "investigate to the maximum extent authorized by [[law]]" whether the [[United States Department of Agriculture|US Department of Agriculture]] Secretary [[Mike Espy]] "committed a violation of any federal criminal law . . . relating in any way to the acceptance of gifts by him from organizations or individuals with business pending before the Department of Agriculture." Smaltz was also given jurisdiction to investigate "other allegations or evidence of violations of any federal criminal law by organizations or individuals developed during the course of the investigation of Secretary Espy and connected with or arising out of that investigation."
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[[Patrick Fitzgerald]] was appointed Special Counsel in 2003 regarding the investigation into the public naming of CIA spy [[Valerie Plame]].<ref>{{cite web|url=http://www.justice.gov/usao/iln/osc/ |title=USDOJ: Office of Special Counsel |date=13 February 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070213192306/http://www.justice.gov/usao/iln/osc/ |archive-date=13 February 2007 }}</ref> His appointment was based on 28 USC 510.
[[Patrick Fitzgerald]] was appointed Special Counsel in 2003 regarding the investigation into the public naming of CIA spy [[Valerie Plame]].<ref>{{cite web|url=http://www.justice.gov/usao/iln/osc/ |title=USDOJ: Office of Special Counsel |date=13 February 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070213192306/http://www.justice.gov/usao/iln/osc/ |archive-date=13 February 2007 }}</ref> His appointment was based on 28 USC 510.


Under 28 CFR 600,<ref>{{cite web |title=APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE RUSSIAN INTERFERENCE WITH THE 2016 PRESIDENTIAL ELECTION AND RELATED MATTERS |url=https://www.justice.gov/opa/press-release/file/967231/download |website=The United States Department of Justice |access-date=November 8, 2018 |archive-date=May 20, 2019 |archive-url=https://web.archive.org/web/20190520221005/https://www.justice.gov/opa/press-release/file/967231/download |url-status=dead }}</ref> [[Robert Mueller]] was appointed Special Counsel in 2017 [[Mueller special counsel investigation|to investigate possible interference by the Russian government]] in the [[2016 United States presidential election|2016 presidential election]], including a possible [[criminal conspiracy]] between Russia and the [[Donald Trump 2016 presidential campaign|presidential campaign of Donald Trump]].<ref>{{cite news|url=https://www.nytimes.com/2017/05/17/us/politics/robert-mueller-special-counsel-russia-investigation.html|title=Robert Mueller, Former F.B.I. Director, Is Named Special Counsel for Russia Investigation|first1=Rebecca R.|last1=Ruiz|first2=Mark|last2=Landler|date=17 May 2017|work=The New York Times}}</ref> The investigation was officially concluded on March 22, 2019. The report concluded that the Russian [[Internet Research Agency]]'s [[social media]] campaign supported Trump's presidential candidacy while attacking Clinton's, and Russian intelligence [[Computer hacking|hacked]] and released damaging material from the [[Hillary Clinton 2016 presidential campaign|Clinton campaign]] and various Democratic Party organizations.<ref name="InterceptAnnotate">{{cite web |last1=Mackey |first1=Robert |last2=Risen |first2=James |last3=Aaronson |first3=Trevor |title=Annotating special counsel Robert Mueller's redacted report |url=https://theintercept.com/2019/04/18/annotating-special-counsel-robert-muellers-redacted-report/ |work=[[The Intercept]] |date=April 18, 2019 |access-date=April 23, 2019}}</ref> The investigation "identified numerous links between the Russian government and the Trump campaign", and determined that the Trump campaign "expected it would benefit electorally" from Russian hacking efforts. However, ultimately "the investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities".<ref name="GlobeGraphic">{{cite web |last1=Ostriker |first1=Rebecca |last2=Puzzanghera |first2=Jim |last3=Finucane |first3=Martin |last4=Datar |first4=Saurabh |last5=Uraizee |first5=Irfan |last6=Garvin |first6=Patrick |title=What the Mueller report says about Trump and more |url=https://apps.bostonglobe.com/news/politics/graphics/2019/03/mueller-report/ |website=[[The Boston Globe]] |access-date=April 22, 2019}}</ref><ref name="TIMErelease">{{cite magazine |last=Law |first=Tara |title=Here Are the Biggest Takeaways From the Mueller Report |url=https://time.com/5567077/mueller-report-release/ |magazine=[[Time (magazine)|Time]] |access-date=April 22, 2019}}</ref><ref>''[https://www.justice.gov/storage/report.pdf Mueller Report]'', vol. II, p.2: Fourth, if we had confidence after a thorough investigation of the facts that the President clearly did not commit [[obstruction of justice]], we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment. The evidence we obtained about the President's actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.</ref> Mueller later said that the investigation's conclusion on Russian interference "deserves the attention of every American".<ref name=nytimesmay29>{{cite web |url= https://www.nytimes.com/2019/05/29/us/politics/mueller-special-counsel.html |title= Mueller, in First Comments on Russia Inquiry, Declines to Clear Trump |first1= Sharon |last1= LaFraniere |first2= Eileen |last2= Sullivan |date= May 29, 2019 |website=[[The New York Times]] }}</ref>
Under 28 CFR 600,<ref>{{cite web |title=APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE RUSSIAN INTERFERENCE WITH THE 2016 PRESIDENTIAL ELECTION AND RELATED MATTERS |url=https://www.justice.gov/opa/press-release/file/967231/download |website=The United States Department of Justice |access-date=November 8, 2018 |archive-date=May 20, 2019 |archive-url=https://web.archive.org/web/20190520221005/https://www.justice.gov/opa/press-release/file/967231/download |url-status=dead }}</ref> [[Robert Mueller]] was appointed Special Counsel in 2017 [[Mueller special counsel investigation|to investigate possible interference by the Russian government]] in the [[2016 United States presidential election|2016 presidential election]], including a possible [[criminal conspiracy]] between Russia and the [[Donald Trump 2016 presidential campaign|presidential campaign of Donald Trump]].<ref>{{cite news|url=https://www.nytimes.com/2017/05/17/us/politics/robert-mueller-special-counsel-russia-investigation.html|title=Robert Mueller, Former F.B.I. Director, Is Named Special Counsel for Russia Investigation|first1=Rebecca R.|last1=Ruiz|first2=Mark|last2=Landler|date=17 May 2017|work=The New York Times}}</ref> The investigation was officially concluded on March 22, 2019. The report concluded that the Russian [[Internet Research Agency]]'s [[social media]] campaign supported Trump's presidential candidacy while attacking Clinton's, and Russian intelligence [[Computer hacking|hacked]] and released damaging material from the [[Hillary Clinton 2016 presidential campaign|Clinton campaign]] and various Democratic Party organizations.<ref name="InterceptAnnotate">{{cite web |last1=Mackey |first1=Robert |last2=Risen |first2=James |last3=Aaronson |first3=Trevor |title=Annotating special counsel Robert Mueller's redacted report |url=https://theintercept.com/2019/04/18/annotating-special-counsel-robert-muellers-redacted-report/ |work=[[The Intercept]] |date=April 18, 2019 |access-date=April 23, 2019}}</ref> The investigation "identified numerous links between the Russian government and the Trump campaign", and determined that the Trump campaign "expected it would benefit electorally" from Russian hacking efforts. However, ultimately "the investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities".<ref name="GlobeGraphic">{{cite web |last1=Ostriker |first1=Rebecca |last2=Puzzanghera |first2=Jim |last3=Finucane |first3=Martin |last4=Datar |first4=Saurabh |last5=Uraizee |first5=Irfan |last6=Garvin |first6=Patrick |title=What the Mueller report says about Trump and more |url=https://apps.bostonglobe.com/news/politics/graphics/2019/03/mueller-report/ |website=[[The Boston Globe]] |access-date=April 22, 2019}}</ref><ref name="TIMErelease">{{cite magazine |last=Law |first=Tara |title=Here Are the Biggest Takeaways From the Mueller Report |url=https://time.com/5567077/mueller-report-release/ |magazine=[[Time (magazine)|Time]] |access-date=April 22, 2019}}</ref><ref>''[https://www.justice.gov/storage/report.pdf Mueller Report]'', vol. II, p.2: Fourth, if we had confidence after a thorough investigation of the facts that the President clearly did not commit [[obstruction of justice]], we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment. The evidence we obtained about the President's actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.</ref> Mueller later said that the investigation's conclusion on Russian interference "deserves the attention of every American".<ref name=nytimesmay29>{{cite web |url= https://www.nytimes.com/2019/05/29/us/politics/mueller-special-counsel.html |title= Mueller, in First Comments on Russia Inquiry, Declines to Clear Trump |first1= Sharon |last1= LaFraniere |first2= Eileen |last2= Sullivan |date= May 29, 2019 |website=The New York Times }}</ref>


In 2019 Attorney General [[William P. Barr|William Barr]] appointed a federal prosecutor, [[John Durham (lawyer)|John Durham]], to counter-investigate the origins of the FBI's [[Crossfire Hurricane (FBI investigation)|Crossfire Hurricane]] probe.<ref>{{cite web |last=Johnson |first=Kevin |title=Attorney General taps top Connecticut federal prosecutor for review of Trump-Russia inquiry |url= https://www.usatoday.com/story/news/politics/2019/05/13/attorney-general-barr-john-durham-us-attorney-connecticut-review-trump-russia-investigation-origin/1195462001/ |website=USA TODAY |date=May 14, 2019|access-date=May 17, 2019}}</ref> On December 1, 2020, the Associated Press reported that Barr had appointed Durham as a special counsel under the federal statute governing such appointments to conduct an investigation into "…the investigation of Special Counsel Robert S. Mueller III," by which was meant the FBI personnel who worked on Crossfire Hurricane before joining the Mueller team.<ref>{{cite web|first1=Michael|last1=Balsamo|first2=Eric|last2=Tucker|title="Barr Appoints Special Counsel in Russia Probe Investigation"|date=December 1, 2020|url=https://www.usnews.com/news/politics/articles/2020-12-01/barr-appoints-special-counsel-in-russia-probe-investigation}}</ref>
In 2019 Attorney General [[William P. Barr|William Barr]] appointed a federal prosecutor, [[John Durham (lawyer)|John Durham]], to counter-investigate the origins of the FBI's [[Crossfire Hurricane (FBI investigation)|Crossfire Hurricane]] probe.<ref>{{cite web |last=Johnson |first=Kevin |title=Attorney General taps top Connecticut federal prosecutor for review of Trump-Russia inquiry |url= https://www.usatoday.com/story/news/politics/2019/05/13/attorney-general-barr-john-durham-us-attorney-connecticut-review-trump-russia-investigation-origin/1195462001/ |website=USA TODAY |date=May 14, 2019|access-date=May 17, 2019}}</ref> On December 1, 2020, the Associated Press reported that Barr had appointed Durham as a special counsel under the federal statute governing such appointments to conduct an investigation into "…the investigation of Special Counsel Robert S. Mueller III," by which was meant the FBI personnel who worked on Crossfire Hurricane before joining the Mueller team.<ref>{{cite web|first1=Michael|last1=Balsamo|first2=Eric|last2=Tucker|title="Barr Appoints Special Counsel in Russia Probe Investigation"|date=December 1, 2020|url=https://www.usnews.com/news/politics/articles/2020-12-01/barr-appoints-special-counsel-in-russia-probe-investigation}}</ref>
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