[Code of Federal Regulations]

[Title 28, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR600.7]



[Page 696-697]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

    CHAPTER VI--OFFICES OF INDEPENDENT COUNSEL, DEPARTMENT OF JUSTICE

 

PART 600_GENERAL POWERS OF SPECIAL COUNSEL--Table of Contents

 

Sec.  600.7  Conduct and accountability.



    (a) A Special Counsel shall comply with the rules, regulations, 

procedures, practices and policies of the Department of Justice. He or 

she shall consult with appropriate offices within the Department for 

guidance with respect to established practices, policies and procedures 

of the Department, including ethics and security regulations and 

procedures. Should the Special Counsel conclude that the extraordinary 

circumstances of any particular decision would render compliance with 

required review and approval procedures by the designated Departmental 

component inappropriate, he or she may consult directly with the 

Attorney General.

    (b) The Special Counsel shall not be subject to the day-to-day 

supervision of any official of the Department. However, the Attorney 

General may request that the Special Counsel provide an explanation for 

any investigative or prosecutorial step, and may after review conclude 

that the action is so inappropriate or unwarranted under established 

Departmental practices that it should not be pursued. In conducting that 

review, the Attorney General will give great weight to the views of the 

Special Counsel. If the Attorney General concludes that a proposed 

action by a Special Counsel should not be pursued, the Attorney General 

shall notify Congress as specified in Sec.  600.9(a)(3).

    (c) The Special Counsel and staff shall be subject to disciplinary 

action for misconduct and breach of ethical duties under the same 

standards and to the same extent as are other employees of the 

Department of Justice. Inquiries into such matters shall be handled



[[Page 697]]



through the appropriate office of the Department upon the approval of 

the Attorney General.

    (d) The Special Counsel may be disciplined or removed from office 

only by the personal action of the Attorney General. The Attorney 

General may remove a Special Counsel for misconduct, dereliction of 

duty, incapacity, conflict of interest, or for other good cause, 

including violation of Departmental policies. The Attorney General shall 

inform the Special Counsel in writing of the specific reason for his or 

her removal.