(a) Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.
(b) Additional jurisdiction. If in the course of his or her investigation the Special Counsel concludes that additional jurisdiction beyond that specified in his or her original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of his or her investigation, he or she shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel's jurisdiction or assign them elsewhere.
(c) Civil and administrative jurisdiction. If in the course of his or her investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, he or she shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General.
Notes of Decisions
United States v. Manafort, 312 F. Supp. 3d 60 (D.C. Cir. 2018).
· cites it 10× “Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017," including: (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose…”
In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018).
· cites it 4× “" 28 C.F.R. § 600.4 (a), (b). A Special Counsel is required to "comply with the rules, regulations, procedures, practices and policies of the Department of Justice," and to "consult with appropriate offices within the Department for guidance with respect to established…”
Manafort v. U. S. Dep't of Just., 311 F. Supp. 3d 22 (D.C. Cir. 2018).
· cites it 3× “¶¶ 50-59; 28 C.F.R. § 600.4 . Therefore, according to Manafort, the grant of authority to the Special Counsel was an ultra vires action on the part of the Acting Attorney General in violation of *25 the Administrative Procedure Act ("APA").”
United States v. Concord Mgmt. & Consulting LLC, 317 F. Supp. 3d 598 (D.C. Cir. 2018).
· cites it 3× “Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including: (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose…”
In re: Grand Jury Investigation, 916 F.3d 1047 (D.C. Cir. 2019).
“28 C.F.R. § 600.4 (a), (b). The Special Counsel is required to "comply with the rules, regulations, procedures, practices and policies of the Department of Justice.”
Cable News Network, Inc. v. Fed. Bureau of Investigation, 293 F. Supp. 3d 59 (D.C. Cir. 2018).
“evealed little about the scope of its investigation, but Rosenstein's initial order authorized Mueller to investigate "(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters…”
Cable News Network, Inc. v. Fed. Bureau of Investigation, 298 F. Supp. 3d 124 (D.C. Cir. 2018).
“week later, Acting Attorney General Rod Rosenstein appointed Robert Mueller as Special Counsel to investigate "(i) any links and/or coordination between *126 the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that…”
United States v. Manafort (D.D.C. 2018).
· cites it 9× “Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017,” including: (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose…”
United States v. Manafort (D.D.C. 2018).
· cites it 9× “Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017,” including: (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose…”
United States v. Concord Mgmt. & Consulting LLC (D.D.C. 2018).
· cites it 3× “Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including: (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose…”
United States v. Concord Mgmt. & Consulting LLC (D.D.C. 2018).
· cites it 3× “Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including: (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose…”
United States v. Stone (D.D.C. 2019).
· cites it 2× “The Appointment Order authorized the Special Counsel to investigate (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and (ii) any matters that arose or may arise directly from the…”
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