Unless I’m mistaken congress can appoint a special prosecutor. So, if they have the power to do that why haven’t they? If ever anything deserved one this is it.
According to this:
www.fas.org/sgp/crs/misc/R43112.pdf
Congress has no authority to appoint a special prosecutor, or any other such prosecutor. Congress can pass laws that govern the appointment of such prosecutors, but not appoint one on their own.
I am not an expert in this area, but I do suspect that a large part of the frustration voiced here at FR about congress “not doing anything” stems from the idea that the House of Representatives has the authority to appoint a special prosecutor. They do not, at least that is my (unexpert) reading of the link.
If there are any real consitutional lawyers out there who can clarify, please weigh in on this matter.
NO, Congress alone can not appoint a special prosecutor.