The origins of special counsels, their powers and what to expect in the Hunter Biden probe

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Attorney General Merrick Garland tapped David Weiss, the U.S. attorney in Delaware who has been probing the financial and business dealings of the president’s son, to oversee the department’s investigation.

involving the Jan. 6, 2021, insurrection and efforts to undo the 2020 election. Trump is now facing charges in both cases.

Though they’re not subject to the day-to-day supervision of the Justice Department, special counsels must still comply with department regulations, policies and procedures. They also technically report to the attorney general — the one government official who can fire them. In addition to the ability to bring indictments, special counsels are vested with bread-and-butter law enforcement tools such as the power to issue subpoenas and search warrants. Robert Mueller, a former FBI director

But because of concerns over the cost and sprawling nature of such probes, Congress in 1999 permitted the provision governing independent counsels to expire.

 

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