What is a special counsel? Trump faces calls to appoint one over Jeffrey Epstein

President Donald Trump’s approach to the Jeffrey Epstein case has frustrated many of his own supporters, fueling growing demands for the appointment of an independent investigator.

Criticism began mounting in July after the administration concluded its lengthy investigation into Epstein, determining that no “client list” exists and that there is insufficient evidence to pursue charges against additional individuals. It also reaffirmed an earlier finding that Epstein — who was charged with sex trafficking minors — died by suicide in his jail cell in 2019.

In response, several of the president’s staunchest allies — including Steve Bannon, Laura Loomer and Rep. Lauren Boebert — have called for a special counsel to take over the case.

“People are frustrated. We want to know if there’s more information,” Boebert, a Colorado Republican, said in a July 16 interview with NewsNation. “Let there be a special counsel to actually get the information that Americans want.”

The next day, the White House said the president is not interested in tapping a special prosecutor. However, he did direct Attorney General Pam Bondi to release “any and all pertinent Grand Jury testimony,” following a Wall Street Journal report, which revealed the existence of a 2003 birthday letter from Trump to Epstein.

What exactly is a special counsel? How independent are they? And could they help Trump put the Epstein saga behind him? McClatchy News reached out to legal experts to weigh in.

What is a special counsel?

A special counsel is an independent prosecutor appointed by the attorney general to investigate, and potentially prosecute, cases in extraordinary circumstances.

These include “when there is a conflict of interest” or “if a situation is so unusual and significant that it necessitates an independent investigator,” Robert Shapiro, a professor of government at Columbia University, told McClatchy News.

According to the Code of Federal Regulations, a special counsel must have “a reputation for integrity and impartial decisionmaking” and “an informed understanding of the criminal law and Department of Justice policies.”

Once appointed, they are given a budget, staff, the authority to issue subpoenas, warrants and indictments, and ability to charge individuals with crimes, according to the Associated Press.

Past special counsels have included Robert Mueller, who was tapped to look into allegations of Russian interference in the 2016 election, and David Weiss, who was appointed to lead a criminal investigation into Hunter Biden.

The Epstein case is unusual by comparison, Cody Corliss, a professor at the West Virginia University College of Law, told McClatchy News.

“The calls for a special counsel are odd more generally because the special counsel regulations require an investigation into a criminal matter,” he said. “Epstein is dead and Ghislaine Maxwell has been convicted. There’s no indication that there is any active DOJ criminal investigation here.”

How independent are they?

Special counsels are intended to act with full independence, Shapiro said. And they should be insulated from outside pressure.

“The special counsel has greater job security, at least in theory, to prevent their being dismissed for partisan reasons,” Michael Gerhardt, a professor at the University of North Carolina School of Law, told McClatchy News.

That said, there are some limits to their authority.

“The attorney general has a big role in setting the scope of the investigation,” Corliss said. Additionally, “the special counsel operates subject to the supervision of the attorney general.”

Further, their findings are not necessarily delivered directly to the public. Rather, the attorney general is responsible for examining them and can release them at their discretion, Shapiro said.

For example, after Mueller submitted a report of his findings in 2019, then Attorney General Bill Barr released a four-page letter of the “principal conclusions.”

Should Bondi tap a special counsel? Will she?

If Bondi were to appoint a special counsel, there would be a number of downsides for the president, experts said, concluding that this scenario is unlikely.

“A special counsel would help Trump in delaying any further revelations but it would also keep this controversy salient for months to come,” Shapiro said.

Corliss concurred, saying, “Trump knows from experience that a special counsel can dominate headlines and derail a political agenda.”

Further, at the end of their investigation, the president would still likely face the same problem: widespread calls for the release of all files and documents related to Epstein.

Additionally, given there is no indication of a criminal investigation, it’s not clear if the regulations governing the appointment of a special counsel apply, Corliss said.

On top of this, Trump, and members of his administration, have previously argued that independent special counsels are unconstitutional, Josh Blackman, a professor at the South Texas College of Law, told McClatchy News.

Because of this, he said, “I think it unlikely that Bondi appoints a special counsel.”