… special counsel in the Department of Justice, so there's not a statutory basis for creating this role. Secondly, they argue that even if you ignore that, there isn't a statute. There is also no statute authorizing the attorney general rather than the president, with the advice and consent of the Senate to appoint such a special counsel. The special counsel, the way it's structured right now, has more power than any of the 94 us attorneys who prosecute cases across the country. (38:47–38:57)
CLAIM
Asserts that no statute allows the attorney general to appoint a special counsel without presidential nomination and Senate confirmation.
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