The Lawfare Podcast

What Should We Do About Special Counsels?

Mar 26, 2024

Lawfare Research Fellow Matt Gluck, along with a panel of experts, discuss the history and flaws of special counsels, focusing on recent testimonies regarding President Biden's handling of classified material. They explore the evolution of the special counsel institution, critique the Mueller report, and suggest changes to improve accountability and effectiveness. The podcast also delves into media coverage of special counsel reports and the challenges of presenting complex legal documents to the public.

51:18

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Episode guests

Matt Gluck

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Episode notes

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Quick takeaways

The handling of classified information by high-ranking officials and the role of special counsels in investigating such matters are subjects of renewed scrutiny.

The special counsel system faces criticism for its truth commission functions, challenging the dual roles of truth-teller and prosecutor.

Deep dives

Robert Herr's Investigation and Report Declining Prosecution of President Biden

Robert Herr, appointed as special counsel by Attorney General Merrick Garland to investigate President Biden's handling of classified material, released a report in February stating that prosecution of Biden was not warranted. The report criticized Biden's handling of classified information but declined to prosecute him. This sparked discussions on Herr's thoroughness and judgment.

Introduction

2min

Evolution and Critique of Special Counsel Institution

24min

Challenges and Criticisms Faced by Special Counsels in Making Prosecutorial Judgments

2min

Accountability and Evolution of Special Counsel Regulations

19min

Critique of Media Coverage on Special Counsel Reports

4min

Analyzing and Presenting Special Counsel's Report to the Public

3min

In February, Special Counsel Robert Hur released a report declining to prosecute President Biden for his handling of classified material. Earlier this month, Hur testified before the House Judiciary Committee answering questions from irritated members on both sides of the aisle who were critical of Hur’s work. Hur’s report and its fallout have reignited long-simmering questions about the usefulness of the special counsel as an institution.

Lawfare Research Fellow Matt Gluck sat down with an all-star crew of Lawfare regulars—Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Co-Founder and Harvard Law School Professor Jack Goldsmith, Lawfare Senior Editor Quinta Jurecic, and Lawfare Contributing Editor and former career federal prosecutor Chuck Rosenberg—to break it all down. They discussed the history of the special counsel institution and its predecessors, its current flaws, and how it should change.

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