What Is a Special Counsel Lawyer?

A Special Counsel Lawyer, often known as a Special Prosecutor, is appointed to investigate, and sometimes prosecute, high-profile or politically sensitive cases. These lawyers are typically appointed by the Department of Justice (DOJ) when there is a conflict of interest, meaning the normal chain of command might be compromised or influenced by outside forces, particularly in politically charged cases. Essentially, they operate somewhat independently from traditional oversight, giving them more freedom and neutrality to pursue the truth.

Why Is a Special Counsel Lawyer Needed?

The position exists primarily for one purpose: impartiality. When the Department of Justice or another governmental agency is involved in a case where it might not be fully objective, or where there’s significant public interest, a Special Counsel is brought in. The U.S. has had several high-profile Special Counsels, including Robert Mueller, who led the investigation into Russian interference in the 2016 election.

However, the work of a Special Counsel isn't just limited to national issues. The appointment of Special Counsel lawyers can also occur in corporate fraud cases or situations involving high-ranking officials where trust in the normal system has eroded. Their role is to uphold justice without bias or influence from political forces.

How Are They Appointed?

Typically, the Attorney General of the United States has the authority to appoint a Special Counsel. The goal is to select someone with impeccable credentials who can be trusted to remain impartial. The person chosen is often a former prosecutor with a background in high-profile cases, ensuring that they have the necessary experience to handle the enormous public pressure that comes with such appointments.

Key Qualities of a Special Counsel Lawyer:

1. Independence: These lawyers work independently of normal DOJ oversight, which allows them to avoid conflicts of interest.
2. Expertise: Special Counsel lawyers are often highly experienced in criminal law, particularly cases involving corruption, espionage, or organized crime.
3. Confidentiality: The work of a Special Counsel is often conducted behind closed doors, with the public only hearing details once indictments are filed or cases are closed.
4. Political Neutrality: It’s critical that Special Counsel lawyers not have direct ties to any political party or personal connections to the people involved in the case they are investigating.

Powers and Limitations

The Special Counsel has broad powers similar to a U.S. Attorney. They can issue subpoenas, convene grand juries, and even file charges. They are empowered to follow the investigation wherever it leads, even if it means targeting high-ranking officials. Yet, they are not completely unchecked. While they operate with some degree of autonomy, the Attorney General still retains the authority to review decisions and ultimately fire the Special Counsel if there is just cause.

Interestingly, the concept of a Special Counsel isn’t unique to the United States. Various other countries have similar positions, such as Independent Counsels or Special Prosecutors, although the scope of their powers may vary depending on local laws.

Historical Examples of Special Counsel Lawyers

• Robert Mueller: The most recent and widely publicized Special Counsel investigation focused on Russian interference in the 2016 U.S. Presidential Election. Robert Mueller was appointed in May 2017 and spent nearly two years investigating the extent of Russian involvement and whether members of the Trump campaign were involved.
• Ken Starr: Known for investigating the Whitewater controversy, which ultimately led to the impeachment of President Bill Clinton, Starr's work as Special Counsel remains one of the most well-known examples.
• Patrick Fitzgerald: Appointed to investigate the leaking of CIA agent Valerie Plame’s identity, Fitzgerald’s work resulted in the conviction of Vice President Dick Cheney’s Chief of Staff, Scooter Libby.

Impact on Public Perception and Politics

The involvement of a Special Counsel Lawyer often heightens the tension in politically charged cases. The public typically views the appointment of a Special Counsel as a sign that something serious and potentially damaging is under investigation. It can sway public opinion, lead to resignations, and even change the course of political careers.

Given the often high-profile nature of their investigations, Special Counsels work under immense pressure not just from the legal community but also from the general public and the media. This can make their role both extremely difficult and incredibly significant in maintaining the rule of law in politically turbulent times.

What Happens After a Special Counsel's Investigation?

Once a Special Counsel completes their investigation, they submit a confidential report to the Attorney General, summarizing their findings and explaining their prosecutorial decisions. The Attorney General then decides how much of the report will be made public. This process was highlighted during the conclusion of the Mueller investigation, where there was widespread debate over the public release of the findings.

If the Special Counsel uncovers enough evidence, they may choose to indict individuals involved in the case. Sometimes, these indictments are sealed, meaning the public won’t know about them until a later stage. Other times, indictments are made public immediately to send a message about the seriousness of the charges.

Challenges Faced by Special Counsel Lawyers

Special Counsel lawyers face many unique challenges, both legal and political. They must navigate the tightrope between ensuring justice is served and managing the public’s expectations. Too often, there are accusations of bias from both sides of the political spectrum. In addition, the results of their investigations can sometimes lead to little more than public outcry, as the decision to prosecute ultimately rests with the Attorney General or the courts.

The Importance of a Special Counsel in Modern Society

In today’s politically polarized environment, the role of a Special Counsel Lawyer is more vital than ever. With the constant presence of social media, news outlets, and politically charged commentary, the integrity of investigations is often questioned. Special Counsel lawyers serve as a crucial tool in maintaining public trust in the legal system.

By operating outside the typical chain of command, these lawyers can investigate without undue influence, ensuring that even the most powerful figures are held accountable. Their independence not only protects the integrity of the legal process but also reinforces the principle that no one is above the law.

Conclusion

The role of a Special Counsel Lawyer is a fascinating blend of law, politics, and public perception. Tasked with uncovering the truth in some of the most sensitive and high-stakes investigations, these lawyers have an immense responsibility. Their work can lead to significant changes in government, society, and even global relations. From the investigation of Presidents to exposing corporate wrongdoing, Special Counsel lawyers ensure that justice remains blind, even in the most challenging of times.

For those interested in law or politics, the Special Counsel role is one of the most intriguing and essential in the American legal system. It stands as a testament to the importance of impartiality and the pursuit of truth, regardless of the consequences.
The role of a Special Counsel Lawyer serves as a reminder that, in the end, accountability and justice are the cornerstones of any democracy.