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28 CFR 600.7 - Conduct and accountability. (Federal Reg Governing Special Counsels like Mueller)
Cornell Law ^ | Federal Government

Posted on 12/17/2017 7:08:36 AM PST by xzins

§ 600.7 Conduct and accountability.

(a) A Special Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice. He or she shall consult with appropriate offices within the Department for guidance with respect to established practices, policies and procedures of the Department, including ethics and security regulations and procedures. Should the Special Counsel conclude that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated Departmental component inappropriate, he or she may consult directly with the Attorney General.

(b) The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department. However, the Attorney General may request that the Special Counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established Departmental practices that it should not be pursued. In conducting that review, the Attorney General will give great weight to the views of the Special Counsel. If the Attorney General concludes that a proposed action by a Special Counsel should not be pursued, the Attorney General shall notify Congress as specified in § 600.9(a)(3).

(c) The Special Counsel and staff shall be subject to disciplinary action for misconduct and breach of ethical duties under the same standards and to the same extent as are other employees of the Department of Justice. Inquiries into such matters shall be handled through the appropriate office of the Department upon the approval of the Attorney General.

(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.


TOPICS: Editorial; News/Current Events
KEYWORDS: law; mueller; rodentstein; rosenstein; sessions
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1 posted on 12/17/2017 7:08:37 AM PST by xzins
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To: All
The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.

So, conflict of interest is a removable justification

2 posted on 12/17/2017 7:09:22 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: xzins

(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General


3 posted on 12/17/2017 7:11:46 AM PST by EBH ( May God Save the Republic)
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To: EBH

Does that mean that Rosenstein must consult with Sessions???


4 posted on 12/17/2017 7:12:47 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: EBH

Jeff Sessions, but he recused himself?


5 posted on 12/17/2017 7:13:49 AM PST by EBH ( May God Save the Republic)
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To: xzins

Would seem so? But Sessions recused himself.

So that puts Mueller ‘free to do whatever he wants?’

Please tell me we weren’t this stupid.


6 posted on 12/17/2017 7:15:29 AM PST by EBH ( May God Save the Republic)
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To: EBH
Or in this case, Acting AG. See 600.1.

Citing the regulations is ironic, seeing as how they aren't followed.

7 posted on 12/17/2017 7:15:43 AM PST by Cboldt
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To: EBH

Sessions gets a free pass. I assume the AG can hand off to the deputy upon recusal, but it isn’t written there. It could be written elsewhere, though.


8 posted on 12/17/2017 7:17:01 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: Cboldt

Which is who now? Boente resigned.


9 posted on 12/17/2017 7:19:20 AM PST by EBH ( May God Save the Republic)
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To: xzins

I don’t see that the AG has the right to recuse himself.


10 posted on 12/17/2017 7:22:15 AM PST by ImJustAnotherOkie
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To: EBH

figured it out...thanks

https://www.lawfareblog.com/if-attorney-general-fired-who-acts-attorney-general

Poured another cup of coffee....


11 posted on 12/17/2017 7:24:20 AM PST by EBH ( May God Save the Republic)
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To: EBH
The AG [for Mueller / 28 CFR 600 purposes] is Rosenstein. See 600.4, Rosenstein established the jurisdiction, etc.
12 posted on 12/17/2017 7:24:29 AM PST by Cboldt
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To: Cboldt
"Citing the regulations is ironic, seeing as how they aren't followed."

That's what I was thinking. Day after day, we see what appear to be blatant violations of all kinds of seemingly-clear laws and regulations that all look great on paper, but mean NOTHING when a member of a privileged, protected or politically-correct class violates them -- prime examples being immigration laws and the espionage act...

13 posted on 12/17/2017 7:25:22 AM PST by DJ Frisat (Hey, what happened to my clever tag line?!)
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To: ImJustAnotherOkie

See link at #7 above


14 posted on 12/17/2017 7:27:07 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: EBH

CFPB case decided this in federal court. FVRA as U.S. law supersedes any agency procedures and the CFR. Mulvaney is CFPB director now, not Leandra English.


15 posted on 12/17/2017 7:28:05 AM PST by advance_copy (Stand for life or nothing at all)
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To: EBH

Just FWIW, Boente was the go-to guy for the cases Sessions recused from, in the interval between Sessions announcing recusal (March 2) and Rosestin being appointed (April 26).


16 posted on 12/17/2017 7:31:34 AM PST by Cboldt
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To: xzins

Jeff Sessions, a weakling in a position where strength is required. President Trump made a poor decision here, hopefully not fatal for this country.


17 posted on 12/17/2017 7:34:00 AM PST by Tarasaramozart
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To: Tarasaramozart

Sessions was such a great presence as a senior US Senator. His value as an attorney general seems to be not zero but negative. And we just lost his senate seat.

It’s the gift that keeps on biting us.


18 posted on 12/17/2017 7:36:43 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: xzins

“Conduct and accountability.”.....

Conduct? Swamp dweller of the first kind!

Accountability” Zero, he’s been a loose canon since he started that phony witch hunt. He needs to go!


19 posted on 12/17/2017 7:42:15 AM PST by DaveA37
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To: xzins; Cboldt; EBH; ImJustAnotherOkie; DJ Frisat

A reminder that this evening on CSPAN II, 9 PM (EST) the author of BANNON: Always the Rebel, will be interviewed by Louie Gomert (R-TX).

The program is “After Words”.


20 posted on 12/17/2017 7:50:20 AM PST by RitaOK (Viva Christo Rey! Public education & academia= the farm team for more Marxists coming, infinitum.)
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