[Meet the New Boss]

Does any Freeper know the answer to this?

It may be a simple and obvious answer, perhaps this question has been litigated already and I just happened not to hear of it.

This occurred to me in thinking about the question raised earlier by a Freeper as to whether Mueller granted immunity to Comey.

How can someone not approved by the Senate grant immunity from federal prosecution like a US Attorney?

[Red Badger]

Yet under Department of Justice regulations, a Special Counsel appointed by the Attorney General purports to have the power of a US Attorney but is not required to be confirmed by the Senate.

Maybe it's like a contractor...................

[DoughtyOne]

Thanks so much for your support to this point... I personally apprecaite it...
FReepers, it's time to wrap up this FReep-a-thon.  Lets do it...

President Donald J. Trump and the Free Republic of the United States of America

Ramirez political cartoon: Hungry Media LARGE VERSION 06/10/2017: LINK  LINK to regular sized versions of his political cartoons (archive).

Please join the monthlies, an automated and the best way to help support Free Republic.  If you opt not to join the automated monthly support program, please consider joining the One One Done project.  LINK

FReepers, 93.99% of the Second Quarter FReep-a-thon goal has been met.  Click above and pencil in your donation now.  Please folks, lets end this FReepathon.  Thank you!
...this is a general all-purpose message, and should not be seen as targeting any individual I am responding to...

Just $7.00 to 94.00%

[jjotto]

US Code 28 CFR 600.1

Congress authorizes it.

[Okeydoker]

Special Counsel does not require senate approval. He is not a Presidentially appointed US Atty. He is appointed by the Atty Gen when a conflict exists requiring outside counsel.

[sickoflibs]

§ 600.1 Grounds for appointing a Special Counsel.
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -

(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

Legal Information Institute Cornell Law School 600.1

[gdani]

So if the Special Counsel is then given the powers of a US Attorney by the Justice Department, isn't it necessary that the appointment be approved by the Senate, like other US Attorneys?

The ultimate answer can probably be found in the debate & testimony re: whatever bill made special counsels possible.

I don't think it is necessary because, technically, the law is written to not make it necessary. If the intention was to make Special Counsels subject to Senate/congressional approval, the language would clearly say that.

[Hugin]

I guess that’s what makes him “special”.