Legal question: Is a special counsel the same as a special prosecutor?

[jg10003]

The media keep referring to Mueller as a special counsel. Is there a difference?

[flyingfysh]

1. no difference, just different terminology

[kentuck]

2. It is my understanding that he can get someone else to fire him...

..such as Attorney General or Deputy Atty General?

[Ccarmona]

3. The Justice Department Directive

Of 1999 established the role of a a Special Counsel. The person responsible for writing the rules and regulations establishing this position was on MSNBC Wednesday night.

[elleng]

9. Neil Katyal.

May be coming up again on Lawrence show. (Not sure on which show I saw him earlier.)

[elleng]

4. Special Prosecutor? Independent Counsel? Special Counsel? Whats the Difference?

http://www.thefiscaltimes.com/.../Special-Prosecutor...

[ananda]

5. No.

We no longer have special prosecutors that can be appointed by the president .. since 1999 when the DOJ changed the rules.

This one is not supposed to be able to be influenced by the president.

[SunSeeker]

7. CNN's legal analyst said a special counsel can be fired by the AG or President.

Only an Independent Counsel/Prosecutor can't be fired by the President.

[virtualobserver]

8. only Rosenstein can fire him....

The AG has recused himself. Trump can order Rosenstein to fire him, and he can also fire Rosenstein, but he can't fire Mueller directly.

[SunSeeker]

10. In this case, since the AG recused himself, Rosenstein acts as the AG.

But Trump can fire Rosenstein and replace him with someone who will fire Mueller, so maybe that's what the CNN guy was thinking.

Also, Supreme Court lawyer Neal Katyal, who wrote the special counsel regulations back in 1999, was on Rachel tonight and he said the president could indeed fire Mueller.

[virtualobserver]

11. I heard him say that...but when I looked at the rules....

it was more indirect, in the way that you and I are talking about.

It is lose/lose for Trump. This investigation is out of his hands....if we were to fire Rosenstein, then find his own modern day Robert Bork to fire Mueller, the firestorm surrounding the firing of Comey would be nothing compared to the scenario that we are discussing.

With the drip, drip, drip of bombshell articles (the recording of McCarthy and Ryan.....is it the only one?...the story that stated that Flynn told the transition team that he was being investigated), I don't see how Trump withstands this.

[SunSeeker]

12. Yep. Sucks to be SHARTUS.

[Equinox Moon]

6. One sounds worse than another.