ADVERTISEMENT
ADVERTISEMENT

Here's how a special prosecutor investigating Trump and Russia would get appointed

Expert: "The thematic issue here is the tension between the political considerations and getting the facts out."

President Donald Trump.

After revelations Wednesday that Attorney General Jeff Sessions had two conversations with Russia's ambassador to the US during the 2016 campaign, lawmakers renewed calls for a special prosecutor to investigate ties between Trump associates and Russian operatives.

tweeted Thursday morning "AG Sessions should clarify his testimony and recuse himself."

Democratic senators have called repeatedly for a special prosecutor, more often called an independent or special counsel, to be appointed.

But what exactly is a special prosecutor, how does he or she get appointed, and what happens next? We broke it down.

ADVERTISEMENT

A special counsel could be appointed by either Sessions himself or by Congress to investigate

A "special counsel" is a modern day term for a "special prosecutor," according to Banks, and any investigation would likely use the term "special counsel." The term "special prosecutor" was used up through the 1980s, after which the laws around special prosecutors expired and were not renewed, therefore retiring the term.

Democratic lawmakers, led by Senate Minority Leader Chuck Schumer, have requested Sessions recuse himself from any investigations multiple times, renewing the call on Thursday following news about Sessions' meeting with the Russian ambassador. (After the latest revelations, Schumer said he should resign.)

Sessions has previously said that he would recuse himself on anything requiring him to do so, but he has asserted that he sees no need to remove himself from any Trump-Russia investigations.

The appointment of a special counsel by the attorney general or deputy attorney general is "unreviewable," according to the Center for Legal and Economic Studies.

ADVERTISEMENT

in the Senate and House intelligence committees, but Banks said he believes it is unlikely a special counsel would be created until those investigations conclude.

The other way to establish an independent counsel goes through Congress.

Congress could initiate the process to create a different independent counsel for investigations by passing a law, as it did in 1978, when the Ethics in Government Act was passed. The law dictated that a three-judge panel

Special counsels tend to be highly respected lawyers or judges. Examples, according to Banks, include: highly experienced private practice lawyers, retired judges, and former Justice Department prosecutors.

A special counsel investigation would likely take between six to nine months, according to Banks, who said that such investigations tend to be extremely complicated by nature. With so much classified information, intelligence agency officials that need to be interviewed, and hard to obtain information, it takes a while to sort out.

ADVERTISEMENT

A special counsel investigation would involve arranging access to classified documents. This could be achieved by either declassifying information or creating clearance to classified documents for the purpose of the investigation only. If the latter is done, it is unlikely the public would see the documents obtained.

A special counsel would also be expected to interview a vast range of people with knowledge of or connection to the investigation.

In the case of the Trump-Russia allegations, a special counsel would look into

This would include human or digital intelligence, and the dossier delivered by British intelligence. Extensive interviews would be run with anyone close to the situation, including Trump's inner circle, and anyone who had access to digital or technical related information, said Banks. The special counsel themselves would ultimately determine which evidence to use.

What happens next depends in part on who appoints a special counsel. Attorney General Jeff Sessions would decide whether the special counsel appointed under him had enough evidence to prosecute Trump or implicated officials.

ADVERTISEMENT

If Congress created an office for an independent or special counsel, it is likely that the counsel would refer results of the investigation to Congress, though that could change depending on the legislation passed. If Congress initiated an investigation through a commission or committee, it would fall to the attorney general to decide whether to prosecute based on the results provided.

Trump and his inner circle have been accused of having close ties to Russia. The White House has denied many of those accusations. Business Insider has previously reported that:

  • Trump and several associates continue to draw intense scrutiny for alleged ties to and communications with the Russian government.
  • A dossier of unverified claims alleged serious misconduct in the final months of the 2016 presidential campaign. The White House has dismissed the dossier as fiction, and most of the claims remain unverified.
  • Trump's campaign aides were accused of having frequent contact with Russia in a report released by the New York Times.
  • A report published on Wednesday by the Washington Post said that Attorney General Jeff Sessions met with the Russian Ambassador twice during the 2016 election.

White House press secretary Sean Spicer has argued that Trump and his aides have been sufficiently investigated already, and that no evidence of wrongdoing has been found.

Michelle Mark contributed reporting on this article.

JOIN OUR PULSE COMMUNITY!

Unblock notifications in browser settings.
ADVERTISEMENT

Eyewitness? Submit your stories now via social or:

Email: eyewitness@pulse.ng

ADVERTISEMENT
ADVERTISEMENT