Justice Department regulations permit appointment of a special counsel only if (i) there is reason to think that a federal crime has been committed, and (ii) investigating it would present a conflict of interest for the Justice Department or there is another overriding public reason to take the investigation outside DOJ…..The regulations require that such an appointment recite the facts justifying the conclusion that a federal crime was committed, and specify the crime. However, the initial appointment of Robert Mueller did neither, referring instead to a national security investigation that a special counsel has no authority to pursue.
