Advisory Opinions

Rod Rosenstein and Robert Hur Talk Special Counsels

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Mar 4, 2025
Rod Rosenstein, former Deputy Attorney General, and Robert Hur, a special counsel who investigated President Biden's classified documents case, share insights on the role of special counsels in U.S. history. They explore the evolution of special counsel regulations since the Nixon era, discussing key cases and the impact of political pressures on investigations. The duo highlights the critical need for public trust and accountability, delving into the complexities of maintaining integrity amidst politically charged inquiries and ensuring thorough, focused investigations.
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INSIGHT

Special Counsel: Independence & Accountability

  • The concept of a special counsel evolved to ensure investigations into presidents are independent yet accountable.
  • Appointment, jurisdiction, and accountability define their role more than the title itself.
ANECDOTE

Robert Hur's Special Counsel Story

  • Robert Hur recounts the surreal experience of being asked to serve as special counsel unexpectedly.
  • He sacrificed his private practice and faced criticism but accepted out of duty and loyalty.
ADVICE

Special Counsel's Operational Rules

  • Special counsels follow Justice Department rules and must stay within their investigative remit.
  • They are required to write confidential reports explaining prosecution decisions to maintain public confidence.
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