The special counsel does not act independently; he is supervised by the attorney general (or, under the current circumstances, presumably the acting attorney general — though that itself has raised some problematic legal questions). Importantly, the attorney general cannot deny the special counsel’s requests based on a mere whim. The attorney general could approve that recommendation, in which case such an indictment would become public (with its constitutionality litigated in court). There is no other requirement for the attorney general to provide Mueller’s final report to Congress — the regulations only require reports on requests that are denied. If Mueller does not recommend indicting the president and the attorney general agrees with that decision, there is no guaranteed mechanism for that information to become public.

Source: Washington Post December 13, 2018 11:03 UTC