II. Special Counsel Regulations
At the end of the Appointment Order, there is the following reference to Department of Justice regulations: “Sections 600.4 to 600.10 of title 28 of the Code of Federal Regulations are applicable to the Special Counsel.” Appointment Order at 2. Those regulations, hereinafter referred to as the “Special Counsel Regulations” or “Regulations,” are in force today, and they stem from a Final Rule promulgated by the Office of the Attorney General in July 1999 and later codified at 28 C.F.R. §§ 600.1 through 600.10. See Office of Special Counsel, 64 Fed. Reg. 37038 (July 9, 1999).6 The Notice of Final Rule states that the regulations “replace the procedures for appointment of independent counsel pursuant to the Independent Counsel Reauthorization Act of 1994,” and it cites as statutory authority the following seven statutes in Title 28, Chapter 31 of the United States Code: 28 U.S.C. §§ 509, 510, 515–519.
You know what this means? It means Congress never passed this statute and it was made by the DOJ on their own. Unconstitutional along with the endless money pit afforded to Smith.