That regulation I cited is in the Code of Federal Regulations (also known As CFR ).
The executive branch is required to follow the US Code of Federal Regulations (CFR). The CFR is a compilation of all the rules and regulations issued by federal agencies in the United States. It covers a wide range of topics, including everything from environmental protection to labor standards. The executive branch, which includes the President and various federal agencies, is responsible for enforcing and implementing these regulations.
And here’s what it says:
The qualifications clearly state: “The Special Counsel shall be *selected from outside* the United States government.”
That is in 28 CFR 600.3
See here:
If the DOJ can just ignore a federal regulatory code, what’s to stop it from ignoring ANY code that it doesn’t like?
Congress should look into this and DEMAND that the DOJ follow the code and based on this, DISQUALIFY David Weiss.
“Congress should look into this and DEMAND that the DOJ follow the code and based on this, DISQUALIFY David Weiss.”
I’ll go one better than that. The Congress and We, the People should demand that Garland, who defied the code and ergo, the law, be immediately fired and replaced with someone that actually will follow the code and the law of this land. Nice dream, right? They’ll get away with this just like they’ve gotten away with everything else in this suddenly surreal world and nightmare we’re trapped in.
True ... the CFR is a compilation of all the rules and regulations issued by Federal agencies in the United States.
But those regulations are not issued by Congress. They are issued by Federal agencies that operate under the authority of the Executive Branch (i.e., the President). This means they many of them -- the ones that have no impact on anything outside the internal workings of the Executive Branch -- can be changed or ignored at will, and there is no recourse for anyone to challenge it.
Here's a perfect example: The position of Deputy U.S. Attorney General was never established by Congress. It only exists because the U.S. Attorney General created it out of thin air in 1950. The only legal provision related to this office is that the Deputy AG must be confirmed by the U.S. Senate (a requirement that was imposed by Congress long after the position was created). The President of the United States is under no obligation to name anyone to that post. He can leave it vacant if he wants. He can eliminate it tomorrow if he wants.
Under the internal rules of succession established by the U.S. Department of Justice (NOT by Congress), the Deputy AG becomes the acting AG if there is a vacancy in the AG's office. Because this succession is established within the Executive Branch and not by law (i.e., a statute passed by Congress), the President can ignore this at will and change the succession protocol any time he damn well pleases.