--- title: Robert Mueller: What Is a Special Counsel? description: Here's what you need to know about special counsels in the wake of Robert Mueller being named to lead the Russia investigation canonical: https://time.com/4774442/robert-mueller-special-counsel-independent-prosecutor-donald-trump-russia/ author: Alana Abramson article:opinion: false article:content_tier: free article:published_time: 2017-05-10T22:17:59.000Z article:modified_time: 2023-12-13T08:18:54.000Z article:section: Politics og:title: Robert Mueller Was Just Named a Special Counsel. What's That? og:description: Former FBI chief Robert Mueller has taken over the Russia investigation og:url: https://time.com/4774442/robert-mueller-special-counsel-independent-prosecutor-donald-trump-russia/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2477085faf45a1e7/6988cdce86f68e540b6e4bf7/robert-mueller.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 4500 og:image:height: 2531 og:image:alt: Former FBI Director Robert Mueller testifying during a hearing of the US Senate Appropriations Committee on Capitol Hill in Washington, DC on May 16, 2013. og:type: article twitter:card: summary_large_image twitter:title: Robert Mueller Was Just Named a Special Counsel. What's That? twitter:description: Former FBI chief Robert Mueller has taken over the Russia investigation twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2477085faf45a1e7/6988cdce86f68e540b6e4bf7/robert-mueller.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Robert Mueller Was Just Named a Special Counsel. What's That? > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: August 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. 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It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ## Video: Comparing James Comey's Firing to Richard Nixon [Watch (HLS stream): Comparing James Comey's Firing to Richard Nixon](https://cdn.jwplayer.com/manifests/rzpxxq3y.m3u8) (1:55)  _Published 2017-05-11. When President Trump fired FBI Director James Comey Tuesday, people were quick to cry Nixon._  by [Alana Abramson](https://time.com/author/alana-abramson/)  ## Alana Abramson Updated: Dec 13, 2023 8:18 AM UTCPublished: May 10, 2017 10:17 PM UTC  Former FBI Director Robert Mueller testifying during a hearing of the US Senate Appropriations Committee on Capitol Hill in Washington, DC on May 16, 2013. Former FBI Director Robert Mueller testifying during a hearing of the US Senate Appropriations Committee on Capitol Hill in Washington, DC on May 16, 2013. Brendan Smialowski—AFP/Getty Images  by [Alana Abramson](https://time.com/author/alana-abramson/)  ## Alana Abramson Updated: Dec 13, 2023 8:18 AM UTCPublished: May 10, 2017 10:17 PM UTC Deputy Attorney General Rod Rosenstein announced Wednesday evening that he was appointing former FBI director Robert Mueller as a special counsel to lead the investigation into Russia’s alleged interference in the 2016 election. The decision comes one day after the New York _Times_ reported that President Trump asked former FBI director James Comey, who he fired last week, to stop an investigation into former National Security Adviser Michael Flynn. The report intensified calls for a special prosecutor from Democrats. But there was resistance among the highest ranking Congressional Republicans. Here’s what you need to know about the function of a special counsel — also known as a special prosecutor — and how it differs from a select committee or commission, which some Republicans had been advocating for **A Prosecutor Vs. A Commission Vs. A Committee** An independent prosecutor is different from an independent commission or an independent committee. The former can only be appointed by the Department of Justice – in this case, by Deputy Attorney General Rod Rosenstein, since Attorney General Jeff Sessions recused himself amidst controversy during his confirmation hearings. If, on the other hand, Congress wanted to appoint one, the only way it can do so is if they passed a statute mandating one that the President signs into law, which has happened in the past. But it is highly unlikely this will happen, since the White House has said several times appointing one would be unnecessary and Senate Republicans are opposed. Congress, can, however, authorize an independent commission or committee. Either chamber can organize a committee of its own members with expertise pertinent to the investigation, or the Senate can pass a resolution and the House can authorize a commission. **What Would They Do** Mueller has been charged with investigating Russia’s meddling in the 2016 election, or specifically, possible collusion between Trump campaign associates and Russia. Only a special prosecutor has the power to actually take legal action; a committee or a commission would only gather the facts and present the findings to the Department of Justice. “No one’s going to jail as a result of what the commission does but they could with a prosecutor,” explained William C. Banks, a law professor and Director of the Institute for National Security and Counterterrorism at Syracuse University. “Congress has the power to investigate but power to prosecute is in the Executive Branch.” **Historical Precedent** Although the idea of a special prosecutor extends back to Ulysses Grant’s administration in [the 19th century](http://time.com/4711461/trump-russia-special-commission-history/), the most well known example in modern history of a Department of Justice appointing a special prosecutor is during Richard Nixon’s administration, when his Attorney General Elliot Richardson appointed Archibald Cox in 1973 to investigate the burglary at the Watergate hotel that would ultimately lead to Nixon’s downfall. Of course, Nixon fired Cox that same year in what is now known as [the Saturday Night Massacre](http://time.com/4654930/saturday-night-massacre-donald-trump/), which currently has many people drawing parallels with Trump’s decision to terminate Comey. But after Nixon fired Cox, Congress did ultimately take action to ease the process of appointing an independent counsel. In 1978, then-President Jimmy Carter signed the Ethics of Government Act into law, which, among other provisions, enabled the appointment of an independent counsel, essentially another term for an independent prosecutor. This ultimately became known as United States Office of the Independent Counsel, and was used for major investigations like Iran-Contra during the Reagan years and Whitewater during the Clinton years, which ultimately led to Clinton’s impeachment. Of course, this law passed under a different presidential administration from the one that fired the independent prosecutor. And the statute that enabled the creation of the independent counsels expired nearly two decades ago, in 1999. ## Transcript Well I'm not a crook. On October 20th, 1973, President Nixon ordered Justice Department officials to fire Special Prosecutor Archibald Cox who had been appointed to investigate the Watergate scandal. Both the attorney general and the deputy attorney general refused the president's orders and resigned. Nixon's new acting attorney general. Robert Bork complied and fired Cox, which effectively dismantled the investigation. Cox's firing prompted heavy criticism, and was seen as a key point in the events that led to Nixon's eventual resignation. [ MUSIC ] I shall resign the presidency effective at noon tomorrow. Vice President Ford Will be sworn in as president, at that hour, in this office. More than 40 years later, the Trump Administration has been clouded by an ongoing FBI investigation into potential communications between members of his campaign, and Russia during the 2016 election. The FBI, as part of our counterintelligence mission Is investigating the Russian government's efforts to interfere in the 2016 presidential election. Trump fired James Comey shortly after Comey requested more resources for the agency's Russia probe. Why did you fire Director Comey? Because he wasn't doing a good job, very simply. He was not doing a good job. But while many people have drawn parallels, historians note the two situations are not exactly the same, as Nixon did not fire the head of the FBI. [ MUSIC ] ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4774442/robert-mueller-special-counsel-independent-prosecutor-donald-trump-russia/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4774442/robert-mueller-special-counsel-independent-prosecutor-donald-trump-russia/"},"headline":"Robert Mueller Was Just Named a Special Counsel. 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