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J. Scott Applewhite / AP

The DOJ appointed a special counsel Wednesday evening in the Trump-Russia probe. A look at how that role was created, and how it differs from what happened during Watergate:

Special Prosecutor

Richard Nixon appointed the first U.S. special prosecutor, Archibald Cox, in 1973 to investigate Watergate.

  • But there wasn't any law governing that appointment and his subsequent jurisdiction and powers.
  • So when Cox pressed Nixon over WH tapes, Nixon fired him, and pushed back against his replacement, arguing they didn't have that power.
Independent Counsel or Special Investigators

Congress passed the Ethics in Government Act (EGA) in 1977 to create a federal process for appointing special investigators.

  • The AG would run a preliminary investigation and if further probing was necessary, the AG would petition against a three judge panel to appoint an independent counsel.
  • Congress could also compel the AG to start that investigation.
  • The Special Investigator could prosecute federal crimes related to the investigation or interference into it, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.
  • The Special Investigator could be removed for "good cause" by the AG or by Congress.
  • The law was not renewed in 1999.
Special Counsel — Current Law

Current law on Special Counsel (SC) is governed by the Code of Federal Regulations (CFR), Chapter 6, which has been the way to appoint a special counsel ever since 1999. The law gives the AG much more authority over the whether to appoint an SC, and over the investigation.

  • When to appoint an SC: If pursuing a matter would be a conflict of interest for the DOJ or if public interest would be served by removing responsibility from the DOJ.
  • Congress can request an SC be appointed.
  • The law puts the SC on par with any U.S. Attorney. The SC could get his or her jurisdiction expanded if necessary.
  • The SC can prosecute federal crimes committed, as well as interference into the investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.
  • Although the SC is not subject to day-to-day supervision in the DOJ, but may have to provide explanation of investigative steps if the head of the DOJ requests it.
  • The SC can be removed by the AG for "misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies."

Go deeper

11 mins ago - Politics & Policy

Senate retirements could attract GOP troublemakers

Sen. Roy Blunt (R-Mo.). Photo: Jim Lo Scalzo/EPA/Bloomberg via Getty Images

Sen. Roy Blunt's retirement highlights the twin challenge facing Senate Republicans: finding good replacement candidates and avoiding a pathway for potential troublemakers to join their ranks.

Why it matters: While the midterm elections are supposed to be a boon to the party out of power, the recent run of retirements — which may not be over — is upending that assumption for the GOP in 2022.

Congressional diversity growing - slowly

Data: Brookings Institution and Pew Research Center; Note: No data on Native Americans in Congress before the 107th Congress; Chart: Danielle Alberti/Axios

The number of non-white senators and House members in the 535-seat Congress has been growing steadily in the past several decades — but representation largely lags behind the overall U.S. population.

Why it matters: Non-whites find it harder to break into the power system because of structural barriers such as the need to quit a job to campaign full time for office, as Axios reported in its latest Hard Truths Deep Dive.

Staff for retiring Senate Republicans a K Street prize

Illustration: Eniola Odetunde/Axios

The retirements of high-profile Senate Republicans mean a lot of experienced staffers will soon be seeking new jobs, and Washington lobbying and public affairs firms are eyeing a potential glut of top-notch talent.

Why it matters: Roy Blunt is the fifth Republican dealmaker in the Senate to announce his retirement next year. Staffers left behind who can navigate the upper chamber of Congress will be gold for the city’s influence industry.