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Congressional Approval Necessity for Appointing a Special Counsel- A Closer Look

Does Special Counsel Have to Be Approved by Congress?

In the United States, the role of a special counsel is often a topic of debate and confusion. One of the most frequently asked questions is whether a special counsel has to be approved by Congress. This article aims to explore this question and provide a clearer understanding of the process.

Understanding the Role of a Special Counsel

A special counsel is an independent federal prosecutor appointed by the Attorney General or the Deputy Attorney General to investigate or prosecute a particular matter. The concept of a special counsel was established by the Department of Justice (DOJ) regulations in 1978, following the Watergate scandal. The purpose of a special counsel is to ensure that a sensitive or controversial investigation is conducted without any conflicts of interest or undue influence from political or other external pressures.

Does the Special Counsel Need Congressional Approval?

No, a special counsel does not require approval by Congress. The appointment of a special counsel is solely within the jurisdiction of the Attorney General or the Deputy Attorney General. The Attorney General has the authority to appoint a special counsel whenever they believe it is necessary to ensure the independence and integrity of an investigation.

Why Does the Special Counsel Not Need Congressional Approval?

The reason behind the special counsel not needing Congressional approval lies in the need for independence and impartiality. If the appointment process required Congressional approval, it could potentially lead to political interference or bias in the investigation. By allowing the Attorney General to appoint a special counsel without Congressional oversight, the DOJ aims to maintain the integrity of the investigation and ensure that it is conducted fairly and without influence.

Public Oversight and Accountability

Although the special counsel does not need Congressional approval, there are still mechanisms in place to ensure public oversight and accountability. The Attorney General is required to provide periodic updates to Congress regarding the status of the investigation. Additionally, the special counsel must follow the rules and regulations of the DOJ, which include maintaining confidentiality and adhering to ethical standards.

Conclusion

In conclusion, a special counsel does not have to be approved by Congress. The appointment of a special counsel is within the jurisdiction of the Attorney General or the Deputy Attorney General, and it is done to ensure the independence and integrity of the investigation. While the special counsel does not require Congressional approval, there are still mechanisms in place to ensure public oversight and accountability.

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