Scoop: Donald Trump informed Sidney Powell on Monday that he does not intend to appoint her “special counsel” to investigate “election fraud"
— Erin Banco (@ErinBanco) December 22, 2020
w/@swin24 https://t.co/33hkvRSrhx
28 CFR 600.1 Grounds for appointing a Special Counsel.
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -
(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
As in: Trump couldn't appoint a Special Counsel if he wanted to.
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