12-02-2020, 10:51 AM
So, some news that has kind of been shoved aside is that Barr announced that he appointed Durham as a Special Counsel: https://apnews.com/article/election-2020-donald-trump-robert-mueller-statutes-elections-ae0275b4eb23981c1e6fbf9fc49c3239
The news isn't that big of a deal, honestly, but something of note in the discussion of this has been what the statute regulating Special Counsel appointment says (bolded line for emphasis is mine):
Source: https://www.law.cornell.edu/cfr/text/28/600.3
That could mean that this was an illegal appointment. Barr is saying something in the memo allows him to skirt this rule, but I don't understand how.
Quote:WASHINGTON (AP) — Attorney General William Barr has given extra protection to the prosecutor he appointed to investigate the origins of the Trump-Russia probe, granting him authority to complete the work without being easily fired.
Barr told The Associated Press on Tuesday that he had appointed U.S. Attorney John Durham as a special counsel in October under the same federal regulations that governed special counsel Robert Mueller in the original Russia probe. He said Durham’s investigation has been narrowing to focus more on the conduct of FBI agents who worked on the Russia investigation, known by the code name of Crossfire Hurricane.
The news isn't that big of a deal, honestly, but something of note in the discussion of this has been what the statute regulating Special Counsel appointment says (bolded line for emphasis is mine):
Quote:§ 600.3 Qualifications of the Special Counsel.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decision making, 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.
(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)©.
Source: https://www.law.cornell.edu/cfr/text/28/600.3
That could mean that this was an illegal appointment. Barr is saying something in the memo allows him to skirt this rule, but I don't understand how.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
