I would make the case that there shouldn’t be any “Special Counsel” regulations at all. The DOJ is not a fourth branch of government that operates independently of Congress and the Executive Branch.
The Attorney General might ignore the requirements of CFR 600, but they would be doing so at their own peril. The regulations were created by the previous Attorney General, they are therefore considered to be binding on the CURRENT Attorney General. If the CURRENT Attorney General were to ignore the regulations, they could be subject to legal challenges. If Congress had any cojones, they would challenge the appointment of Weiss.
In addition, the Attorney General’s decision to ignore the regulations could damage the public’s trust in the Department of Justice. The Special Counsel regulations were created to provide a degree of independence to Special Counsels, and if the Attorney General were to ignore the regulations, it would send the message that the Department of Justice is not serious about investigating allegations of wrongdoing by high-ranking government officials.
It is important to note that the Special Counsel regulations are not the only law that applies to Special Counsels. Special Counsels are also subject to the Constitution, federal statutes, and the common law. In the event of a conflict between the Special Counsel regulations and another law, the other law would take precedence. As I said, Congress SHOULD challenge the appointment. They should use CFR 600 as their starting point.
No one should be above the law and that includes Merrick Garland.