The Independent Counsel Reauthorization Act of 1994 has expired, leaving only the "independent counsel" authorized by 28 CFR 600.1. The latter requires the US Attorney General to appoint an "independent counsel".
Do you see the problem? Congress no longer has the authority to appoint a special prosecutor, and the US Attorney General is beholden to the President.
That is why in my long list of reforms that ALL legislation, except military budgets and few others should sunset after a certain amount of years. Certain laws should sunset after at least 10 years. Constitutional laws should remain in perpetuity, as should the above which was passed as a protection against political corruption.
Make Congress and the President revisit laws they think benefits their political parties and see how long that takes. It will keep them busy so as not to create more freedom killing laws.
You are quite right to correct the gaffe and quite right that Attorney General Holder will violate his oath to protect Obama and his crimes.