US Senate Checkmate

Submitted by ub on Thu, 11/15/2018 - 05:09

A Senate Bill - S 2644 was introduced months ago and all but ignored by Majority Leader has gotten renewed interest following the shake up at DOJ.

It is a legislation that amends the federal judicial code to codify certain Department of Justice (DOJ) regulations that govern the appointment, oversight, and removal of a special counsel, including regulations:

that authorize the Attorney General to appoint and select a special counsel;
that establish the qualifications, scope of jurisdiction, and authority of a special counsel; and
that authorize the Attorney General to remove a special counsel for misconduct or other good cause.
Additionally, the bill provides new statutory limitations and requirements with respect to the removal from office of a special counsel. Specifically, the bill:

requires removal to be by the Attorney General or, in certain circumstances, the most senior Senate-confirmed DOJ official;
requires a special counsel to be provided written notice that specifies the reason for removal; and
allows a special counsel to challenge the removal in federal court.
The limitations and requirements with respect to removal apply retroactively in the case of a special counsel who is appointed after January 1, 2017, and removed before the date of enactment.

Finally, the bill requires DOJ to notify Congress when a special counsel is appointed, before a special counsel is removed, and after a special counsel's investigation concludes.