28 C.F.R. § 600.1
Grounds for appointing a Special Counsel
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.
Notes of Decisions
Cited in 27
cases (3 in the last 5 years), 1987–2024 · leading case: United States v. Manafort, 312 F. Supp. 3d 60 (D.C. Cir. 2018).
United States v. Manafort, 312 F. Supp. 3d 60 (D.C. Cir. 2018). “See 28 C.F.R. § 600.1 . In that capacity, he issued an order on May 17, 2017, appointing Robert Mueller to serve as Special Counsel for the U.”
In Re Sealed Case, 829 F.2d 50 (D.C. Cir. 1987). “Is the Attorney General’s Delegation Lawful? We have no difficulty concluding that the Attorney General possessed the statutory authority to create the Office of Independent Counsel: Iran/Contra and to convey to it the “investigative and prosecutorial functions and powers”…”
United States v. Concord Mgmt. & Consulting LLC, 317 F. Supp. 3d 598 (D.C. Cir. 2018). “37,038 , 37,038 (July 9, 1999) (published at 28 C.F.R. §§ 600.1 - 600.10 ). Under the regulations, the Attorney General "appoint[s] a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and- (a) That investigation or…”
Trump v. United States, 603 U.S. 593 (2024). “So, the Special Counsel's appointment is invalid unless a statute cre- 4 Regulations remain on the books that contemplate an “outside” Special Counsel, 28 CFR § 600.1 (2023), but I doubt a regulation can create a fed- eral offce without underlying statutory authority to do so.”
In re: Grand Jury Investigation, 916 F.3d 1047 (D.C. Cir. 2019). “37,038 (July 9, 1999) ; 28 C.F.R. §§ 600.1 - 600.10. A special counsel is to be afforded wide discretion in the conduct of the investigation while "ultimate responsibility for the matter and how it is handled" resides in the Attorney General.”
Manafort v. U. S. Dep't of Just., 311 F. Supp. 3d 22 (D.C. Cir. 2018). “See 28 C.F.R. §§ 600.1 - 600.10. In his complaint, Manafort points to one of these regulations in particular.”
Trump v. United States, 603 U.S. 593 (2024). “But, before this consequen- —————— 4 Regulations remain on the books that contemplate an “outside” Spe- cial Counsel, 28 CFR §600.1 (2023), but I doubt a regulation can create a federal office without underlying statutory authority to do so.”
United States v. Libby, 429 F. Supp. 2d 27 (D.D.C. 2006). “The parties have also provided this Court with a number of other exhibits that the Court concludes should not be accorded much weight at all, and in fact need not even be relied upon in resolving the question before it.”
In Re Sealed Case, 827 F.2d 776 (D.C. Cir. 1987). “See 28 C.F.R. §§ 600.1 -.5, 601; see also 52 Fed.”
North v. Walsh, 656 F. Supp. 414 (D.D.C. 1987). “Meanwhile on March 5, 1987, the Attorney General promulgated a new regulation, 28 C.F.R. §§ 600.1 et seq., establishing an Office of Independent Counsel: Iran/Contra.”
United States v. North, 716 F. Supp. 644 (D.D.C. 1989). “Contrary to defendant’s now-familiar contention, Associate Counsels Keker, Bromwich and Zomow did not require an appointment with the advise and consent of the Senate, and they were authorized to represent the United States, having been appointed by Independent Counsel Walsh.”
United States v. North, 713 F. Supp. 1441 (D.D.C. 1989). “With a few limited exceptions not relevant here, section 594 and the pertinent Independent Counsel regulations, 28 C.F.R. §§ 600.1 and 601.1, place “full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of…”
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