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For answering the question well, we have to ask for what regulations guide the appointment of special prosecutors.

While googling I can find http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_pinvestigate.html#2.16 which does explicitely lists cases where a special prosecutor can be brought forward that are about investigations of judges and defense counsels that defend clients under the jurisdiction of the prosecutor’s office.

I don't think being an influentlial politician fits into either of those classes. Both of them also are not about ideological conflicts of interests.

Do you think there a policy document for the DOJ that specifies that special prosecutors should be appointed in cases like this?






The law governing the Special Prosecutor gives the policy to follow.
https://www.law.cornell.edu/cfr/text/28/600.1

§ 600.1 Grounds for appointing a Special Counsel.
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and—
(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
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