The appointment of former FBI Director Robert Mueller as special counsel finally puts the investigation into Russia and the Trump administration on a course to be handled by someone largely trusted by both sides.
But there’s lots of work to be done before Mueller can begin. Below are some of the steps he has to take before the independent probe can start.
Submit a budget within 60 days
The clock is already ticking, as this requirement was set into motion when Deputy Attorney General Rod Rosenstein sent the letter that appointed Mueller as special counsel.
However, the budget doesn’t have to be precise at this early stage. Mueller would likely be able to make reasonable amendments if needed in the future.
Also, the budget is only for the first fiscal year of operation. Mueller and his team will submit a new annual budget for each fiscal year, and there’s no deadline by which the special counsel has to finish their work.
Find a location
Mueller could choose to find space that’s already owned or under the purview of either the Justice Department or FBI. But he also has the option to find separate facilities if that’s what he wants or needs.
Compare that to the situation of special counsel Patrick Fitzgerald, who investigated the leak of Valerie Plame’s identity as a CIA agent. A source with knowledge within the department told the Washington Examiner that Fitzgerald was already an employee of the Justice Department, so he didn’t have the option of finding outside office space.
Put a team together
This task, too, offers Mueller a lot of flexibility. He can choose from current Justice Department and FBI employees, or he can bring in his own team. The result is likely to be a mix of those two options, especially given that numerous FBI agents that have already amassed knowledge and expertise on the Russia investigation as part of their day-to-day work.
The special counsel has several constraints and parameters that are set in the order issued by the Justice Department. The position is authorized “to conduct the investigation confirmed by then-FBI Director James B. Comey” regarding “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump.”
But the counsel is also tasked with investigating any matters that “may arise directly from the investigation,” which means the scope of the investigation has broad latitude.
The rules say, “The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department.” However, the department can ask for updates:
… 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.
If the attorney general decides that the special counsel should not take an investigative or prosecutorial step, he must notify Congress.
