[h=4]Can a ‘special prosecutor’ or an ‘independent counsel’ be appointed?[/h]No, because the law that created that type of prosecutor expired.
During the Watergate-era’s so-called Saturday Night Massacre, President Richard M. Nixon ordered the firing of the prosecutor running the investigation into his White House. As part of the reforms afterward, Congress created a new type of prosecutor to look into high-level executive branch wrongdoing while shielded from political interference. This position was called a special prosecutor at first and later an independent counsel.
The law set criteria for an attorney general to request a three-judge panel to appoint such a prosecutor, who would be subject to the judges’ supervision and could not be fired by the president or his appointees.
While the Supreme Court upheld the arrangement as constitutional, critics said it permitted a prosecutor to run amok. Republicans learned to hate the arrangement during the Iran-contra investigation into the Reagan administration, and Democrats did, as well, during the Whitewater and Monica Lewinsky investigations into President Bill Clinton. When the law expired in 1999, Congress did not renew it.
[h=4]What would the appointment of a ‘special counsel’ do?[/h]This position dates to 1999, when the Justice Department issued new regulations to create it after the independent counsel law expired. Special counsels are empowered to run an investigation with greater autonomy than a United States attorney normally enjoys. The regulations say special counsels “shall not be subject to the day-to-day supervision of any official of the department.” A special counsel also generally decides on his or her own “whether and to what extent to inform or consult with the attorney general or others within the department about the conduct of his or her duties and responsibilities.”
But if Mr. Rosenstein were to appoint one, the special counsel would still be ultimately subject to his control — and Mr. Trump’s. That means the special counsel’s decisions could be overruled, and he or she could be fired.