Robert Mueller Defeated the Special-Counsel Regulations


I’m not a fan of Mueller’s performance in the obstruction probe, but you have to give him his due: He somehow managed to completely escape the special-counsel regulations that were supposed to make him hew to long-established Justice Department practice and instead acted as an old-school independent counsel who made up his own rules and wrote an impeachment referral for Congress (and then, today, prodded Congress to act in a public statement). Some of this, I guess, you have to chalk up to Mueller’s bureaucratic savvy, but a lot of it surely has to do with a failure of Justice Department supervision because everyone, especially Rod Rosenstein, was too frightened of the potential political fallout to exercise any real oversight.

Rich Lowry is the editor of National Review. He can be reached via email: 

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