The Wages Of Incompetence Are Failure

Turns out there are rules governing the appointment of special prosecutors:

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.

The grounds for appointment affect the need for an independent staff. If a Special Counsel is just another AUSA using DOJ staff, how does that solve the conflict of interests issue?

An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.

The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C).

Not that Trump gives a wet snap about rules and regulations, but this would present all new grounds for challenging Lindsay Halligan, Special Prosecutor. She has absolutely no criminal law experience whatsoever, as the whole world now knows.

Special Counsel may request the assignment of appropriate Department employees to assist the Special Counsel. The Department shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of specific employees, and the office for which the designated employee works shall make reasonable efforts to accommodate the request. The Special Counsel shall assign the duties and supervise the work of such employees while they are assigned to the Special Counsel. If necessary, the Special Counsel may request that additional personnel be hired or assigned from outside the Department. All personnel in the Department shall cooperate to the fullest extent possible with the Special Counsel.

Can you imagine Halligan establishing her own staff, when reports are she had to be told how to find the grand jury room, and what to do when she got there? 

When I was a paralegal, before I went to law school, a law clerk, one of the “best and brightest” from UT Law School, was sent to me to find out how to go to docket call, and what to do there. I had to begin by telling them where the courthouse was. That was the level of knowledge Halligan had. And the limitations clock was ticking.

Bondi is an idiot, but this fish is rotting from the head, down. Siebert had been appointed by Trump in January, served his 120 days, was approved by the EDVA judges, and was awaiting Senate approval. He never got it, so when Trump forced Siebert out over the Comey indictment, Trump screwed the pooch. He couldn’t get Bondi to appoint someone else, and avoid the requirement of the Appointment clause.

The statute of limitations was about to expire, and Bondi needed an indictment instanter, if only to keep her job. Appointing Halligan, the only person willing to walk into this shit show, as Special Counsel, with the requirement of a background check, was never a live option. (Did Halligan have one before? Probably not. Trump does respect rules, remember?) Bondi didn’t really have any options, and the only people fool enough to take the job didn’t know what they were getting into. 

I don’t think there was ever a way to make this an appointment that was going to work.