Seven reasons a Russia special counsel is a bad idea

2) It raises the possibility of the Trump-Russia investigation needlessly lasting the entire duration of the Trump presidency. The last time there was an even slightly similar situation, the appointment of special counsel Patrick Fitzgerald to investigate the Valerie Plame-CIA leak case, the mostly fruitless probe went on for years and years. (One of the loudest voices demanding the appointment of a special counsel back then, as now: Sen. Charles Schumer.) Prosecutor Fitzgerald actually knew the identity of the leaker when he was appointed on December 30, 2003, yet kept the investigation going until March 2007 with the conviction of Scooter Libby, not for leaking but for perjury and obstruction of justice. There were no charges on the core event of the case, the Plame leak. If the Mueller investigation lasts as long as the CIA leak case, it will extend well into 2020.

3) It risks going down rabbit holes. The Rosenstein order appointing Mueller is ambiguous about the scope of the investigation. The order authorizes Mueller to investigate “any links and or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” and also “any matters that arose or may arise directly from the investigation.” As one Republican senator pointed out in a private conversation Wednesday night, a lot depends on the meaning of “matters” and “directly.” If Mueller interprets those words expansively, look for the investigation to go in unpredictable directions, and certainly continue current probes into Michael Flynn’s work for Turkey and Paul Manafort’s business arrangements in Ukraine from years ago.

4) It is ill-suited to handle the Trump-Russia affair. Many informed observers have noted that it’s unlikely there is an actual crime at the heart of the case. To the degree that it is an investigation of Russian efforts to influence the election, it’s a national security case. To the degree that those efforts might, or might not, have influenced the 2016 voting, it’s a political matter. Congressional committees, or even an independent commission, are the better choices for that kind of investigating.