Aditya Bamzai argued before the Supreme Court in January as an amicus curiae in Ortiz v. United States. Here, he responds to the court’s ruling.
Aditya Bamzai is an associate professor at the University of Virginia School of Law. He teaches and writes about civil procedure, administrative law, federal courts, national security law, and computer crime. He was previously an attorney at the U.S. Department of Justice, but all statements of fact, opinion, or analysis expressed are his own and do not necessarily reflect the official positions or views of the Department of Justice or any other U.S. government agency.
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How can the Acting Attorney General delegate a counterintelligence investigation, as opposed to a criminal investigation, to the Special Counsel?
Most commentators have assumed that the scope of Robert Mueller's investigation will be governed by the 1999 regulation authorizing the appointment of a “Special Counsel” that was enacted in the wake of the lapse of the independent-counsel statute. But the counterintelligence investigation that Rosenstein appears to have intended to delegate to the Special Counsel is inconsistent with the criminal focus of that regulation.