Biden's attorney general could probably pretty easily revoke Durham's special counsel status

Attorney General William Barr revealed Tuesday that he had secretly given U.S. Attorney John Durham special counsel status in October, explaining that the designation assured Durham and his team "that they could complete their work, without regard to the outcome of the election." The decision was news to President Trump, The New York Times reports. But Trump wasn't satisfied, Axios adds.
Trump and his allies are "piling extreme pressure" on Barr to release Durham's findings on the FBI's investigation of Trump and Russia, and they view Durham's special counsel designation "as a smokescreen to forestall the release of the so-called Durham report, which senior administration officials believe is already complete," Axios says. "Trump has been ranting about the delay behind the scenes and mused privately about replacing Barr with somebody who will expedite the process."
Democrats view Durham's criminal investigation as motivated entirely by politics and revenge, and Barr's move was widely seen as a way to ensure it will continue after President-elect Joe Biden takes office Jan. 20. Trump abruptly pushed out all U.S. attorneys appointed by his predecessor soon after he took office, but special counsels can only be removed by an attorney general under a narrow set of documented criteria. Barr used a work-around with Durham, though, and that would apparently make it much easier for Biden to end the investigation.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A Justice Department official told The Washington Examiner that "attorneys general have often appointed prosecutors to act as special investigators, either under the special counsel regulations or outside them," so Durham's appointment wasn't so unusual. But because Durham, the current U.S. attorney for Connecticut, "was not appointed pursuant to the special counsel regulation, it is possible the next attorney general could rescind Mr. Barr's directive that special counsel rules would apply to him, then end his inquiry without any finding of misconduct," the Times reports.
"I suppose the calculation is that there is a political cost" for doing so, Duke University law professor Samuel Buell told the Times. But Barr's move is an "odd" use of the special counsel provision.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Classic car insurance: how best to protect your vintage vehicle
The Explainer Insuring your classic car may be cheaper than you think
By Marc Shoffman, The Week UK Published
-
Celebrating 250 years of Jane Austen
The Week Recommends From exhibitions to Regency balls, these are the best ways to commemorate the author
By Irenie Forshaw, The Week UK Published
-
The pressure of South Korea's celebrity culture
In The Spotlight South Korean actress Kim Sae-ron was laid to rest on Wednesday after an apparent suicide
By Abby Wilson Published
-
Trump officials try to reverse DOGE-led firings
Speed Read Mass firings by Elon Musk's team have included employees working on the H5N1 bird flu epidemic and US nuclear weapons programs
By Peter Weber, The Week US Published
-
Trump blames Ukraine for war after US-Russia talks
Speed Read The US and Russia have agreed to work together on ending the Ukraine war — but President Trump has flipped America's approach
By Peter Weber, The Week US Published
-
Musk's DOGE seeks access to IRS, Social Security files
Speed Read If cleared, the Department of Government Efficiency would have access to tax returns, bank records and other highly personal information about most Americans
By Peter Weber, The Week US Published
-
Senate confirms RFK Jr. as health secretary
Speed Read The noted vaccine skeptic is now in charge of America's massive public health system
By Peter Weber, The Week US Published
-
Trump lays out plans for broad 'reciprocal' tariffs
Speed Read Tariffs imposed on countries that are deemed to be treating the US unfairly could ignite a global trade war and worsen American inflation
By Peter Weber, The Week US Published
-
Top US prosecutors resign rather than drop Adams case
speed read The interim US attorney for the Southern District and five senior Justice Department officials quit following an order to drop the charges against Mayor Eric Adams
By Rafi Schwartz, The Week US Published
-
Senate confirms Gabbard as intelligence chief
Speed Read The controversial former Democratic lawmaker, now Trump loyalist, was sworn in as director of national intelligence
By Rafi Schwartz, The Week US Published
-
Trump, Putin plan Ukraine peace talks without Kyiv
Speed Read President Donald Trump spoke by phone to Russian President Vladimir Putin, but Ukrainian President Volodymyr Zelensky was not included
By Peter Weber, The Week US Published