Reforming the Special Counsel

The Mueller investigation has been both praised and criticized. Much of the evaluation of the investigation assumes, rather than discusses, what the function of special counsel investigations should be. That is a problem. There are two basic approaches to the role of the special counsel and determining their relative importance is essential both to evaluating the Mueller investigation and achieving a reform of the institutions governing the special counsel. Here I want to explore these two different approaches and describe how they should be used to design a reformed institution for investigating and disciplining executive wrongdoing. In short, I believe that criminal prosecutions should be deemphasized, with reports to the public of executive wrongdoing becoming the primary focus.