DOJ names Special Council for Russia investigation

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The Justice Department on Wednesday named a special counsel, former FBI Director Robert Mueller III, to take over the investigation of Russian meddling in the 2016 election and possible collusion between Russian agents and associates of President Trump.

“My decision is not a finding that crimes have been committed or that prosecution is warranted," Deputy Atty. Gen. Rod J. Rosenstein said in announcing the appointment. "I have made no such determination."

But, he said, a special counsel is necessary in order for the “American people to have full confidence in the outcome” of the investigation.

“The public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command,” Rosenstein wrote.

The president, in a statement, reiterated his insistence that he is innocent of wrongdoing.

“As I have stated many times, a thorough investigation will confirm what we already know – there was no collusion between my campaign and any foreign entity,” Trump said.

I look forward to this matter concluding quickly. In the meantime, I will never stop fighting for the people and the issues that matter most to the future of our country.”

The formal name for a special prosecutor, in this sense, is a "special counsel." With the title come broad investigatory powers, allowing Former Director Mueller to look into the Russia matter with limited oversight

Why is Robert Mueller called a "special counsel"?
It's largely terminology. The new regulations under special counsels are currently appointed refer to the position as a "special counsel." When the function was created, in response to the Watergate investigation, it was known as "special prosecutor", and the individual was appointed by a judicial panel. The only person with the power to appoint an individual in these circumstances is the Attorney General, or in this case, the Deputy Attorney General, because of Jeff Sessions' recusal.

Got it. So, who's Sessions deputy?
Rod Rosenstein. He was appointed to replace Dana Boente, the U.S. Attorney for the Eastern District of Virginia. You may remember Boente as the guy who replaced Sally Yates as acting attorney general when Yates refused to defend Trump's original travel ban in court. You may remember Rod Rosenstein as the guy whose memo was the basis for FBI Director James Comey's dismissal.

What are the limitations of the Special Counsel?
Peter Zeidenberg, who served as the assistant special counsel in the investigation of former White House aide Scooter Libby, argued in the Washington Post that appointing one would be a mistake.

"Prosecutors are not journalists, and their job is not to inform the public of the results of their investigations," Zeidenberg wrote. "Rather, their mission is to gather all of the relevant facts and determine whether a crime was committed and, if so, whether it can be proved in court beyond a reasonable doubt. Their work, when done properly, is done in secret."

That means that if critical evidence was found in the case but it was in, say, Russia and therefore unobtainable, "then it would be improper to seek an indictment. Critically, the entire investigation would then remain secret. It would be a violation of law for a prosecutor to make public the results of a grand jury investigation that did not result in an indictment."

So a special counsel could find incriminating information and keep it secret forever. Alternatively, a special counsel, in an effort to justify its efforts and expenditures, would have a tremendous incentive to get a prosecution even if it's unnecessary or unwarranted.