This is a very good point from @steve_vladeck. The appointment itself does not comply with the regs. If Barr can appoint someone pursuant to his general statutory appointment authority and apply the regs, it is very likely that the next attorney general can rescind the order.https://twitter.com/steve_vladeck/status/1333880757153128455 …
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At that point, Durham becomes a regular dude appointed by the attorney general to investigate some stuff and can be removed from that position at will. In the alternative, the next attorney general could simply amend this order and make clear that the entire slate of...
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...special counsel regulations apply—and then remove Durham on grounds that his appointment is not, in fact, compatible with those regulations.
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The best course, in the real world, may be to let him finish his probe. But if the next attorney general wants to end this thing, I think he or she will have ample latitude to do so.
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That's all I got on quick inspection.
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And then Republicans will have the talking point that Biden and his AG quashed an investigation, thus adding more fuel for their deranged conspiracies.
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That may be the case, but the attorney general would nonetheless have to make the decision to do so, which could have political consequences. The purpose behind Barr's appointment appears to be creating an obstacle to the termination of the investigation by the next AG.
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Is this a shiny object for the Biden AG confirmation hearing?
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He's also not applying 600.1, which are the grounds for appointment the Special Counsel in the first place. He is seeming to make the call that the future AG will have a conflict of interest -- or in any case substituting his evaluation for the reason for an SC for the next AG's.
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That seems the most problematic. If an AG appoints an SC because of the circumstances present at that moment in time (when s/he is AG), it makes sense to continue it into the next admin. But this reasoning (it seems, since he doesn't articulate it) is about a future circumstance
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Sorry I’ve had several alcoholic beverages, I’m very confused
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