What is the special prosecutor and what are his powers?

2023-08-12 15:54:00, Kosova & Bota CNA

The appointment of a special prosecutor to oversee the Justice Department's investigation into President Joe Biden's son Hunter is returning attention to the role these prosecutors have played in modern American history.

On Friday, Attorney General Merrick Garland appointed Delaware prosecutor David Weiss, who is currently investigating the president's son's financial and business activities, to oversee the department's investigation.

Mr. Garland stated that Mr. Weiss had told him that "in his judgment, the investigation had reached a stage where his further functions could only continue with the status of Special Prosecutor and he asked me to appoint him to such a position."

In January, Mr. Garland appointed former Maryland U.S. Attorney Robert Hur to oversee the department's investigation into classified documents found at President Joe Biden's Delaware home and a Washington think tank after he had finished his term as vice president.

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And last year, Attorney General Garland appointed former Justice Department prosecutor Jack Smith to lead investigations into the storage of classified documents at former President Donald Trump's Florida estate, Mar-a-Lago, as well as key aspects of a separate investigation involving the attack on January 6, 2021, and the attempt to overturn the outcome of the 2020 election.

Mr. Trump now faces charges on both counts.

How was the post of special prosecutor created and what are his powers?

WHAT EXACTLY IS A SPECIAL PROSECUTOR?

A special prosecutor is appointed to investigate and, if necessary, prosecute a case that the Department of Justice considers to have a conflict of interest in pursuing it itself, or where it is considered to be in the public interest for someone outside the government to take charge for an issue.

According to the Code of Federal Regulations, a special prosecutor must have "a reputation for integrity and impartial decision-making," as well as "a thorough knowledge of criminal law and Department of Justice policies."

Although they are not subject to the usual oversight of the Department of Justice, special prosecutors must still operate in accordance with the department's regulations, policies, and procedures. They also report to the Attorney General - the only government official who can fire them.

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The general prosecutor has the right to request explanations from a special prosecutor for every step of the investigation or criminal prosecution, but according to the regulations he must also give wide scope to the views of the special prosecutor. In the event that the attorney general declines a step to be taken by the special counsel, the Department of Justice must notify Congress at the end of the investigation.

WHAT POWERS DOES THE SPECIAL PROSECUTOR HAVE?

Special prosecutors are assigned a budget and can call on a staff of prosecutors, both inside and outside the department, if they need additional help.

In addition to the right to file indictments, special prosecutors have powers to use law enforcement tools, such as the power to issue subpoenas and search warrants.

Robert Mueller, the former FBI director who as special counsel during the Trump administration led the investigation into possible coordination between Russia and Mr. Trump's campaign in 2016, issued more than 2,800 subpoenas and executed nearly 500 search warrants and seizures.

HOW IS AN INDEPENDENT PROSECUTOR DIFFERENT FROM A SPECIAL PROSECUTOR?

The position of the special prosecutor differs in fundamental ways from that of the independent prosecutor, who operated outside the Department of Justice's oversight and conducted significant investigations in the post-Watergate era into administrations of both political parties.

One such independent prosecutor was Lawrence E. Walsh. During the Iran-contra affair in President Ronald Reagan's second term, Walsh was appointed to investigate secret sales of arms to Iran and the sending of money to rebel forces fighting the Nicaraguan government.

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A decade later, independent prosecutor Ken Starr investigated real estate fraud involving an associate of President Bill Clinton and first lady Hillary Clinton, obtaining documents from the White House deputy counsel's office, Vincent Foster after his suicide, as well as Mr. Clinton's inappropriate sexual relationship with former White House intern Monica Lewinsky. As a result, the House of Representatives concluded that Mr. Clinton was guilty, but the Senate voted against his impeachment.

But because of concerns about the cost and scope of such investigations, Congress in 1999 let provisions governing independent prosecutors expire.

The Justice Department then created new regulations for special prosecutors, creating a post with less autonomy for circumstances in which the department feels it has a conflict of interest or wants to avoid getting too involved in sensitive political matters — like the current investigations of associated with Mr. Trump.

Mr. Mueller was appointed in 2017 to investigate Russian interference in the election, a two-year probe that resulted in criminal charges against 34 people, including several associates of Mr. Trump and three business entities.

Special counsel Mueller did not bring charges of criminal collusion between Mr Trump's campaign and Russia. It did not conclude that Mr. Trump obstructed justice, nor did it exonerate him.

A few weeks before Attorney General William Barr left office, he gave Connecticut's top federal prosecutor, John Durham, the title of special prosecutor so he could continue to investigate the origins of the Russia investigation under the leadership new Justice Department after the Democrats came to power.

In May, Mr. Durham released his findings in a 300-page report that concluded the FBI rushed into its investigation into ties between Russia and Mr. Trump's 2016 campaign and overreached. in raw and unconfirmed intelligence information./ VOA