President Donald Trump's decision to dismiss FBI director James Komi on Tuesday reinforced Democrats' calls for an independent investigation into Russia's interference in US elections and possible ties between the winner's team and Russian officials.
Some people talked about the need to appoint a special prosecutor to manage the investigation. Recent developments have increased interest in some legal aspects.
This is today written by the loyal New Democratic Times to the Democratic Party, adding that appeals for the appointment of a special prosecutor in the US can no longer be implemented. Because the validity of the law, which provided for the creation of such a post, has expired.
The publication recalls how in the 70s President Richard Nixon ordered the dismissal of a special prosecutor who was leading the Watergate case. After that, Congress created a new post, protected from political influence, to investigate crimes committed by senior officials. At first this new post was also called "special prosecutor", and then it was renamed to "independent adviser".
The relevant law created the requirement that such an independent adviser be appointed by a council of three judges. His further actions were followed by the judges, and the US president could not dismiss him or replace him. The Supreme Court ruled that the law meets the requirements of the US Constitution, but his critics insisted that the document allows an independent adviser to act as he pleases. Republicans "hated" the law on an independent adviser during the administration of Ronald Reinag and the investigation of the Iran-Contras case in 1986. Democrats disliked the law during the time of Bill Clinton's presidency and the investigation of the case against him for his relations with Monica Lewinsky. When the law ended in 1999, Congress did not extend it.
The same year, the Department of Justice created new rules that provide for the appointment of an independent prosecutor with broad powers. But if Prosecutor General Rod Rozeynstein had appointed someone for such a role, this "independent prosecutor" would have been under his control, and therefore under the control of Trump. Therefore, his decisions could be rejected, and he himself was fired.
Meanwhile, several Republicans against the backdrop of the FBI director's dismissal called for action by the US Congress.
They called for the creation of an independent special body specifically for the investigation of the case concerning Russia. The work of this body would either supplement the existing investigation of the intelligence committees of the Senate and the House of Representatives, or replace them.
"But such organizations would have the right to call suspects in court, but their work would end only with a report. They would not have had the power to bring criminal charges, "reads the article.