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After that law expired, new regulations allowed for the appointment of "special counsels" but those are answerable to the U.S. attorney general.
The 'special counsels' under these regulations have, therefore, by express design, less 'independence' from the attorney general and the Department of Justice than did the 'independent counsels' under the Ethics in Government Act of 1978, or the 'special prosecutors' appointed by the attorney general for the Watergate matter," the CRS wrote in a 2013 report.When now-fired FBI Director James Comey as acting attorney general in 2003 appointed Fitzgerald as special counsel to investigate the leaking of the CIA operative’s name, Comey gave Fitzgerald more authority than under the regulations after the independent counsel law expired in 1999, the research office said.
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The 1978 law wasn’t continually in effect through 1999. It was allowed to expire in 1992, but was reauthorized in 1994 over concerns about the Whitewater scandal. Attorney General Janet Reno had already appointed under her own authority a "special counsel" with powers similar under the prior law, according to the Congressional Research Service, but once the law was renewed she asked a panel of judges to reappoint the special counsel in the investigation.
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