A president’s worst nightmare is hearing the words “special counsel” in relation to three different investigations.
Lawyers appointed to investigate possible wrongdoing by the president or his government, but who have no vested interest in the outcome. You are familiar with their work, even if you have forgotten their names.
Watergate. Iran-Contra. Whitewater. The probe into Russia, obviously. Domed teapot.
The government’s ultimately fatal siege of the Branch Davidian complex, Jimmy Carter’s peanut business, and the leaking of the identity of an undercover CIA agent whose spouse questioned intelligence regarding Iraq are all also under scrutiny.
Please take note that I am referring to independent counsels as well as independent prosecutors. After high-profile and costly investigations into the Iran-Contra affair under the Reagan and George H.W. Bush administrations and the Clinton administration’s handling of the Whitewater scandal, a law that authorised independent prosecutors or independent counsels, who had more autonomy from the Department of Justice, expired in 1999. The Justice Department has since created rules allowing the AG to appoint a special counsel in appropriate cases.
Only Barack Obama has left office since Jimmy Carter without a special counsel or prosecutor investigating his presidency. You can check out the A-Mark Foundation and The Washington Post’s lists of inquiries into this matter.
There are currently 3 independent investigations
There are now three special prosecutors working on separate cases. One of them, Jack Smith, is investigating the several probes against ex-president Trump, including his attempt to reverse the 2020 election and his alleged handling of confidential data and stonewalling, which led to the FBI searching Mar-a-Lago last summer. Since then, Trump has been indicted in both cases but has maintained his innocence.
Appointed in January to determine the appropriate course of action, Robert Hur is currently reviewing classified documents discovered in President Joe Biden’s garage in Wilmington, Delaware, where he also keeps his Corvette.
The inquiry into the financial transactions of President Biden’s son, Hunter Biden, has led to the promotion of US Attorney for Delaware David Weiss to the position of special counsel.
Teams working for both Biden and Trump have denied any misconduct.
Republican appointees in previous positions
Trump appointed Weiss in 2018, and he’s been in charge of the investigation into Hunter Biden’s probable criminal activities such tax evasion, illegal foreign lobbying, and money laundering. during plea negotiations with Hunter Biden broke down last month during a hearing in Delaware, where the judge declared she wasn’t ready to accept the complex plea arrangement that had been negotiated, he asked to be promoted to special counsel this week.
Trump’s selection of Hur as US attorney in Maryland follows a string of appointments to government positions by Republican presidents. He was a law clerk for Reagan appointees to the federal bench, including the late Chief Justice William Rehnquist of the Supreme Court. He used to work as an assistant to Trump appointee and current FBI Director Christopher Wray, who has been criticised by the president. He was the United States Attorney for the District of Maryland when the former Democratic mayor of Baltimore was convicted of corruption and sentenced to three years in prison because of a children’s book scandal.
Instances of political prosecution in the past
Smith, who is overseeing investigations into the Trump administration, formerly served in the Obama Justice Department. Former Republican Virginia Governor Bob McDonnell was prosecuted for corruption when Smith was working in the Justice Department’s public integrity unit. McDonnell’s conviction was eventually overturned by the Supreme Court. He also participated in the unsuccessful prosecution of former Democratic senator John Edwards.
The Attorney General is still the primary supervisor of special counsels.
The authority of a special counsel might vary significantly depending on a number of factors. An ethics in government law allowed the attorney general to request appointing an independent prosecutor with nearly entire ability to file charges between 1978 and 1999. The Congressional Research Service has further information.
Special counsels have been appointed in recent years by solicitors general; these individuals have considerable discretionary authority but still answer to their superior. When Attorney General William Barr delayed the release of the Russia investigation report by special counsel Robert Mueller, it was clear where Trump stood in the chain of command.
So, Merrick Garland, or whoever succeeds him, will determine what to do with Smith, Hur, and Weiss’s discoveries.