To: Eleutheria5
Lay off the drugs .
You're not making any sense.
Who actually appoints a "Special Prosecutor" ?
Do you even know the LAW ?
Let me help you, so you don't make an IDIOT out of yourself.
Initiating a special prosecutor investigation
" ... The decision to appoint a special prosecutor rests with the attorney general (or acting attorney general), OR, historically, with the president.
Under the independent counsel statute that expired in 1999, Congress could formally REQUEST the attorney general to appoint a special prosecutor(see role of legislative and judicial branches);
however the law only required the attorney general to respond in writing with a decision and reasons, and in any event it is no longer in force.[18]
Similarly, under the statute, the choice of who to appoint as special prosecutor was made by a three-judge panel of the Court of Appeals.
This is no longer the case, and the decision of who to appoint now rests entirely with the attorney general.
The current special counsel regulations specify that:[6] 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.
... The choice of whom to appoint is to be made BY the attorney general with the following guidelines:
An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies.
The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.
...
Role of the legislative and judicial branches
The decision to appoint a special prosecutor is made by the executive branch, historically by the president OR attorney general (or acting attorney general). ...
Constitutionality
The appointment of a special prosecutor raises inherent separation of powers questions under the U.S. Constitution.
Since the special prosecutor is a member of the executive branch, it has been arguedthat the special prosecutor is ultimately answerable to the president, and can therefore be fired by them. ...
143 posted on
12/15/2017 2:13:53 AM PST by
Yosemitest
(It's SIMPLE ! ... Fight, ... or Die !)
To: Yosemitest
I didn’t mention a special prosecutor. You did. Most criminal matters are handled by regular prosecutors, who do nothing but prosecute or review investigations preparatory to prosecution. You need a special case to appoint a special prosecutor. Period.
I spent 18 years working in a law office. Decided long before that period ended not to pursue a career in law. And that means I don’t have to read laws. Just don’t wanna.
You seem to be spoiling for a fight about nothing. I’m not interested. Have a nice life. ‘bye.
146 posted on
12/15/2017 2:22:43 AM PST by
Eleutheria5
(“If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson