What is the difference between special counsel and special prosecutor? This is a question that often arises in discussions about legal proceedings, especially in the context of high-profile investigations. While both terms refer to individuals appointed to investigate legal matters, there are distinct differences in their roles, authorities, and the procedures they follow.
A special counsel is typically appointed by the Department of Justice (DOJ) to investigate a matter that involves the federal government or one of its officials. The special counsel is an independent counsel, meaning they are not part of the regular DOJ structure. This appointment is usually made by the Attorney General or the Deputy Attorney General, and the special counsel has the authority to investigate, prosecute, and bring charges against individuals, including high-ranking officials, without the need for approval from the regular DOJ prosecutors.
On the other hand, a special prosecutor is appointed by a court or a grand jury to investigate a specific case. This appointment is usually made when there is a conflict of interest or a perceived lack of impartiality among the regular prosecutors. The special prosecutor is responsible for investigating the case and presenting evidence to the grand jury, which then decides whether to issue an indictment. Unlike the special counsel, the special prosecutor does not have the authority to bring charges on their own; they must rely on the grand jury’s decision.
One of the key differences between a special counsel and a special prosecutor is the scope of their investigation. A special counsel is typically appointed to investigate a broader range of issues, including potential criminal conduct by government officials, while a special prosecutor is usually assigned to a specific case. This means that a special counsel may have the authority to investigate multiple individuals and entities, whereas a special prosecutor’s focus is often more limited.
Another important distinction is the duration of their appointment. A special counsel is appointed for a specific investigation and remains in that role until the investigation is completed or the special counsel is dismissed. In contrast, a special prosecutor is appointed for a specific case and may be terminated once the case is resolved or when the grand jury concludes its work.
In conclusion, while both special counsel and special prosecutors are appointed to investigate legal matters, they differ in their roles, authorities, and the procedures they follow. A special counsel is an independent counsel appointed by the DOJ to investigate a broader range of issues, while a special prosecutor is appointed by a court or grand jury to investigate a specific case. Understanding these differences is crucial for a comprehensive understanding of the legal proceedings involving these roles.
