Code of Federal Regulations · Section
§ 600.1 — Grounds For Appointing A Special Counsel
28 C.F.R. § 600.1
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The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and—
(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
Authorizing Statute
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Functions of the Attorney General28 U.S.C. § 509
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Departmental regulations5 U.S.C. § 301