C.F.R. » Title 28 » CHAPTER VI—OFFICES OF INDEPENDENT COUNSEL, DEPARTMENT OF JUSTICE › PART 600—GENERAL POWERS OF SPECIAL COUNSEL

28 C.F.R. § 600.7

Conduct and accountability

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(a) A Special Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice. He or she shall consult with appropriate offices within the Department for guidance with respect to established practices, policies and procedures of the Department, including ethics and security regulations and procedures. Should the Special Counsel conclude that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated Departmental component inappropriate, he or she may consult directly with the Attorney General.

(b) The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department. However, the Attorney General may request that the Special Counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established Departmental practices that it should not be pursued. In conducting that review, the Attorney General will give great weight to the views of the Special Counsel. If the Attorney General concludes that a proposed action by a Special Counsel should not be pursued, the Attorney General shall notify Congress as specified in § 600.9(a)(3).

(c) The Special Counsel and staff shall be subject to disciplinary action for misconduct and breach of ethical duties under the same standards and to the same extent as are other employees of the Department of Justice. Inquiries into such matters shall be handled through the appropriate office of the Department upon the approval of the Attorney General.

(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.

Notes of Decisions
Cited in 7 cases, 2018–2020 · leading case: In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018).
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In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018). · cites it 13× “The regulations authorize the Attorney General to demand "that the Special Counsel provide an explanation for any investigative or prosecutorial step, and [to] after review conclude that the action is so inappropriate or unwarranted under established Departmental practices that…”
United States v. Concord Mgmt. & Consulting LLC, 317 F. Supp. 3d 598 (D.C. Cir. 2018). · cites it 7× “" 28 C.F.R. § 600.7 (b) (emphasis added). Therefore, the Acting Attorney General has access to as much information as he requests to direct and supervise an investigation.”
United States v. Concord Mgmt. & Consulting LLC (D.D.C. 2018). · cites it 7× “” 28 C.F.R. § 600.7 (b) (emphasis added). Therefore, the Acting Attorney General has access to as much information as he requests to direct and supervise an investigation.”
United States v. Concord Mgmt. & Consulting LLC (D.D.C. 2018). · cites it 7× “” 28 C.F.R. § 600.7 (b) (emphasis added). Therefore, the Acting Attorney General has access to as much information as he requests to direct and supervise an investigation.”
Reimbursing the Attorney's Fees of Current & Former Fed. Employees Interviewed as Witnesses in the Mueller Investigation (OLC 2020). · cites it 3× “That power is subject to supervi- sion; a Special Counsel is generally supervised by the Attorney General, see 28 C.F.R. § 600.7 , just as the Independent Counsel statute provided the Attorney General “several means of supervising or controlling,” former Director of White House…”
Reimbursing the Attorney's Fees of Current & Former Fed. Employees Interviewed as Witnesses in the Mueller Investigation (OLC 2020). · cites it 3× “That power is subject to supervi- sion; a Special Counsel is generally supervised by the Attorney General, see 28 C.F.R. § 600.7 , just as the Independent Counsel statute provided the Attorney General “several means of supervising or controlling,” former Director of White House…”
United States v. Stone (D.D.C. 2019). “28 C.F.R. § 600.7 (b). They have “the full power and independent authority” of a U.”
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