What Should We Do About Special Counsels?
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 26 March 2024
⏱️ 54 minutes
🧾️ Download transcript
Summary
In February, Special Counsel Robert Hur released a report declining to prosecute President Biden for his handling of classified material. Earlier this month, Hur testified before the House Judiciary Committee answering questions from irritated members on both sides of the aisle who were critical of Hur’s work. Hur’s report and its fallout have reignited long-simmering questions about the usefulness of the special counsel as an institution.
Lawfare Research Fellow Matt Gluck sat down with an all-star crew of Lawfare regulars—Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Co-Founder and Harvard Law School Professor Jack Goldsmith, Lawfare Senior Editor Quinta Jurecic, and Lawfare Contributing Editor and former career federal prosecutor Chuck Rosenberg—to break it all down. They discussed the history of the special counsel institution and its predecessors, its current flaws, and how it should change.
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| 1:11.0 | Everyone seems to have wanted Rob to pull punches, and I think that's the wrong thing to ask Rob to do. He must make a |
| 1:16.0 | prosecution, he must give his rationale. You may like his characterization of |
| 1:20.4 | Mr. Biden, you may dislike his characterization of Mr. Biden but what we like |
| 1:24.9 | and dislike don't matter. This is what prosecutors do all the time and if you want to |
| 1:29.1 | blame anyone for releasing the report blame Eric Garland. By the way I'm completely biased |
| 1:34.0 | because Rob is a friend of mine and I admire him and like him and I trust him his |
| 1:38.0 | judgment and I respect him and I think he's a man of integrity. It doesn't mean he got everything right. |
| 1:44.4 | But I don't think he's a partisan hack |
| 1:46.3 | and I don't think he had an axe to grind. |
| 1:48.2 | And I don't think he was hunting for Mr. Biden's political scalp. I think he was in an impossible situation and |
| 1:55.8 | this is the result of a flawed set of regulations. I'm Matt Gluck |
| 2:01.0 | research fellow at Law Fair and this is the Law Fair Podcast, March 26, 2024. |
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