28 CFR 600.1 : Judicial Administration (§ 0.1 To Parts 1101-1199) — (§ 43.1 To Parts 1101-1199) — Offices Of Independent Counsel, Department Of Justice (§ 600.1 To Parts 604-699) — General Powers Of Special Counsel (§ 600.1 To § 600.10) — Grounds for appointing a Special Counsel.

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -

(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.