The position of Justice Department special counsel is a fairly new creation,following a bruising and politically divisive independent counsel investigation that resulted in Clinton's impeachment by the House but acquittal in the Senate. The purpose was to ensure ultimate Justice Department oversight of sensitive investigations rather than vest them with an independent prosecutor who could operate unchecked and without supervision.
It also remains unclear whether either classified documents investigation will result in criminal charges or how, if at all, the two special counsel probes might affect each other. Though the Biden probe is much less mature than the Trump one, there's been no hint of the same allegations already leveled publicly in the Mar-a-Lago matter. The Justice Department has also long held the belief that a sitting president cannot be indicted.
Even before a special counsel was appointed, she said, “the American public was already thinking this was a criminal investigation.”
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