It’s Time to Reform the Special-Counsel Rules—Again

In the past three years, we have had two special-counsel investigations of alleged misconduct in the executive branch, and neither came to a widely accepted and lauded outcome. Robert Mueller was a formally appointed special counsel in the Russia matter; Jim Comey assumed the functional equivalent of the role in investigating and making a prosecutorial judgment in the case of Hillary Clinton’s email. Both came to their tasks highly celebrated for their independence and professional integrity. They were each believed to be especially well equipped by background and temperament to manage and resolve the most politically sensitive of assignments. By the time they had concluded their work, both came in for heavy criticism. Enchantment gave way to disillusionment.

And yet, while the results in each case left a bitter taste, Comey and Mueller went about their job in strikingly and fundamentally different ways. This suggests that, whatever may have been their missteps, blame may fall as much—or more—on the