President Trump’s sudden dismissal of FBI Director James Comey has caused many Democrats (and some Republicans) to redouble calls for some sort of new and more independent investigation of Russia’s interference in the 2016 presidential election.
But the reality is that at this point a new Russia probe is unlikely. At the Justice Department, the person who’d appoint a special counsel for Russia is Deputy Attorney General Rod Rosenstein – the same Rod Rosenstein who wrote a three-page memo the White House is using to justify Mr. Comey’s firing. In Congress, Senate majority leader Mitch McConnell of Kentucky says he won’t support creation of any special investigatory panel. So that pretty much shuts the door.
Still, it remains possible that the nation will get credible and even bipartisan looks at what Russia did and what ties, if any, it had with Trump campaign officials. The FBI’s investigation has been grinding along for months. Federal prosecutors are now reportedly issuing grand jury subpoenas for associates of former National Security Advisor Michael Flynn. And the Senate Intelligence Committee appears to be approaching its probe in a methodical way.
“The Senate [Intelligence Committee] seems to be doing things thoroughly. It may take a long time but we could get a pretty deep investigation,” says William Banks, a law professor and founding director of the Institute for National Security and Counterterrorism at Syracuse University in New York.
Practically speaking, at issue right now are two very different approaches to a new a Russia investigation effort.
The first would be a special prosecutor or special counsel – an official appointed by the attorney general and charged with looking into all things Russia and elections.
Attorney General Jeff Sessions has recused himself from Russia decisions. So it would fall to Deputy AG Rosenstein to take this step, if it occurs. (That seems a long shot, as it would be a not-so-tacit admission that firing Comey was a bad political move.)
On Wednesday, Senate minority leader Chuck Schumer (D) of New York reiterated his call for a special prosecutor. Such an official would not be subject to day-to-day supervision by the attorney general or anyone else at the Justice Department, Senator Schumer said.
“That means the special prosecutor would have much greater latitude in who he can subpoena, which questions they ask, how to conduct an investigation,” Schumer said.
This is true, but “special” is not the same thing as “independent.” Special counsels answer to the attorney general, points out a 2013 Congressional Research Service report on the subject. They “may have their prosecutorial or investigative decisions countermanded by” the attorney general, the report adds.
The second way of starting up a new Russia investigation might involve some kind of new congressional entity, either a special committee, or a congressional commission.
Sen. John McCain (R) of Arizona has long called…