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Special CounseL Robert Mueller Is Guilty of Misconduct and Must Resign
American Thinker ^ | November 24, 2017 | Janes Lewis

Posted on 11/24/2017 4:04:01 AM PST by drewh

The case against Bob Mueller and his squad of Democrat witch-hunters is much stronger than merely fraud against the taxpayer. Purely politically motivated persecutions under color of law are major violations of the United States Constitution and English Common Law, from which our everyday laws are largely derived. In civilized legal codes, persecutions of designated witches under color of law (any law they can find or make up) are strictly forbidden and should be punished by ABA disbarment, imprisonment, and perhaps confiscation of ill gotten gains. This would include every single taxpayer penny spent on this enormous hoax.

So what's Bob Mueller to do? Byron York just leaked his confession that the case against Trump is completely, you might say, trumped up. There's nothing there – zilch, zero, nada – and the truth is that the whole Washington mob that ate up the "dossier" before it was made public, to satisfy their crazed hatred of Trump, also knew that it was a crock. The now infamous MI6 spook Chris Steele must have known that the peeing prostitutes in Moscow were a crock, or he would have demanded video evidence. Mueller, Comey, Clapper, Brennan, and all the Obamanoids of yesteryear also knew. The NYT-WaPo knew. Any sane conservatives keeping track knew. The Russians, Chinese, and Slovaks knew. Heck, even the corruptocrats of the United Nations knew it, but then that's their warped sense of due process anyway.

Mueller and his hot-breathing persecutors are doing Gestapo-style early-morning FBI raids on Paul Manafort and his wife, in their holy zeal to find a victim, any victim, for sheer suspicion of misconduct, with charges to be made up as an afterthought.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Editorial; News/Current Events; Politics/Elections
KEYWORDS: fbi; goodnarticle; jamescomey; mueller; peterstrzok; robertmueller; snowflake; trumprussia; whatarewescaredof; yourblogsucks
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To: drewh

We need to send Mueller some kind of notice- one that he will take dead seriously- that he is neither impervious nor immune. Nobody is doing anything about this. If our government won’t stop him, we the people need to.


21 posted on 11/24/2017 5:58:19 AM PST by 60Gunner (The price of apathy towards public affairs is to be ruled by evil men. - Plato)
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To: drewh

October 16 2016 Robert Mueller’s FBI Thugs raided the home of Rep. Curt Weldon’s daughter who had a Lobbing Firm the worked with the “Russian Energy Corp.” Three weeks later Joe Sestak won the election over Curt Welden. The FBI never pressed any charges because their raid had succeeded it’s goal. Curt Weldon was holding hearings on Able Danger that the 911 Cover-up Commission was trying to hide. Looks like the Mueller-Comey Russian plot has been used before.


22 posted on 11/24/2017 6:14:52 AM PST by jacob allen
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To: drewh

23 posted on 11/24/2017 6:22:49 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: drewh

24 posted on 11/24/2017 6:45:59 AM PST by Magnatron
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To: DaveA37

I keep hearing it, “17 sealed indictments”. Against who, when do they get unsealed? At Christmas?


25 posted on 11/24/2017 6:47:42 AM PST by thirst4truth (America, What difference does it make?)
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To: DaveA37

LACKACOJONES in the DOJ...and possibly in the white hut.


26 posted on 11/24/2017 7:12:47 AM PST by GoldenPup
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To: drewh

Why Sessions and President Trump does not end this Mueller and this Special Counsel is beyond me.


27 posted on 11/24/2017 7:21:44 AM PST by Logical me
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To: GoldenPup

Still the white hut to you?


28 posted on 11/24/2017 7:26:50 AM PST by aumrl (let's keep it real Conservatives)
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To: drewh

Fat chance.
He’s a DC insider, akin to a wood tick.


29 posted on 11/24/2017 7:28:49 AM PST by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: drewh

File a complaint with the inspector general of the DOJ
Notice to Office of Inspector General of the Department of Justice of the united States.
Fraud Complaint re:
Office of special counsel Robert Mueller
CC: Library of Congress
CC: Office of the President of the united States
CC: Charles Grassley in his appointed capacity as Chairman of the Senate Judiciary Committee of the united States

I, Keith van Brunt, a citizen of Pennsylvania, one of the several States which has formed the united States, am exercising my God bestowed right to redress grievance for these several governments failure to establish justice for which purpose it has been instituted.
The Department of Justice of the united States shall be considered on Notice for the failure to faithfully carry out the laws of the united States as promulgated in 28 CFR 600 sections 1 through 10. (Exhibit E) The officers of the Department of Justice of the united States appointed Attorney General Jeffery Sessions, Acting Attorney General Rod Rosenstein, Special Counsel Robert Mueller, fired, confessed felon, James Comey and several members of Congress , are currently and flagrantly in breach of their oaths of office and are conspiring to commit fraud surrounding the establishment and operation of a Department of Justice Special Counsel. This notice shall not be limited to officers of the Department of Justice, or to citizens currently participating in the unlawful Special Counsel, or to members of the congress who are obstructing the justice of the united States in violation of the laws of the united States and it’s fundamental constitution.

Grievance the first:
The attorney general of the united States Jeffrey Sessions is in breach of his oath of office to faithfully execute the laws of the united States by flagrantly violating 28 CFR 45.2. (Exhibit D) the regulations for recusal by government employees. The regulation:
No employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with: (1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or (2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.
There being no clearly defined criminal investigation the recusal appears to be a ruse for appointing a special counsel. The statement by the attorney general that:
“ recuse myself from any existing or future investigations of any matters related in any way to the campaigns for President of the United States. “ (Exhibit A)
There is no crime under investigation for which the attorney General is recusing himself. What then is the purpose for the recusal? The result of the attorney general’s recusal has led to the appointment of a special counsel. Therefor the intended purpose of the recusal was to create the office of special counsel. This is a clear violation of the regulations regarding recusal for conflict of interest in a criminal investigation and the stated grounds for the appointment of special counsel. The foundation and subsequent actions of Robert Mueller and the office of special counsel clearly is perpetrating a fraud of the citizens of the united States by providing a financial conduit to political operatives which are now being remunerated from the united States treasury fraudulently as will be outlined below. Which leads to the...

Grievance,The second:
The office of special counsel being in violation of each of the 28 CFR 600 regulations of the office of special counsel is now providing financial benefit to political operatives. The ORDER NO. 3915-2017 published by Acting Attorney General Rod J. Rosenstein violates 28 CFR 600.1 through 10 which describes the regulations for appointing a special counsel to the attorney general of the attorney general of the united States. The order is fraudulent in that it fails to provide grounds, alternatives, qualifications of the special counsel, jurisdiction of the crime to be investigated, use of qualified Justice Department staff, budget, special notifications, and other requirements of the 28 CFR 600. (Exhibit E) The order (Exhibit A) specifically ignores sections one through three which specify grounds, alternatives, qualifications, jurisdiction, and the staffing of the office of special counsel. This appears to be done with knowledge aforethought and with understanding of 28 CFR 600 sections one through 10 (Exhibit E) which are the regulations governing the appointing of special counsel to the Justice Department of the united States.

A. The acting attorney general in his statement (Exhibit B) has failed to establish grounds for the appointment of special counsel. The acting attorney general Rod Rosenstein, specifically omits sections one through three. This establishes color of law as the regulation is not being followed even though nomenclature used by the acting attorney general seem to indicate compliance with the regulations for appointing special counsel.

§ 600.1 Grounds for appointing a Special Counsel. (from Exhibit E)
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.

The grounds for appointing the special counsel as stated in the letter by Rosenstein is based on hearsay links between Russian government and individuals associated with the campaign of President Donald Trump.
(from Exhibit A) The Special Counsel is authorized to conduct the investigation confirmed by then FBI Director James A. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:
(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump;
The above statement relying on the testimony of fired, confessed felon James Comey, who leaked top secret information to a personal friend for dissemination to a news organization indicates that there is no criminal investigation being carried out by the FBI. If there was such an investigation it would have been used as grounds for the appointment of special counsel. Links are not criminal as there are links by many individuals in business and government for the purpose of carrying out private affairs. The use of James Comey’s testimony is particularity unseemly in that Comey stated under oath that he leaked information to the press to specifically get Robert Mueller appointed special counsel. Either the acting attorney general Rod Rosenstein is naive or he is acting in collusion and has conspired with James Comey, Robert Mueller and others to establish a fraudulent office of special counsel.
The statement by James Comey is insufficient grounds for appointing a special counsel as promulgated in 28 CFR 600.1, (from Exhibit E) and can be construed as an intentional violation of the regulation which states:
that the attorney general will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted based on conflict of interest by the attorney general.
Neither the attorney general nor the acting attorney general have instigated a criminal investigation regarding the subject matter of links and/or coordination between the Russian government and individuals with the campaign of President Donald Trump.
Without a criminal investigation there can be no conflict of interest. Without a conflict of interest there is no need for a special counsel. These are all contrived matters described under of color of law using legal terms and quoting regulations to describe basic human action regarding the election process within the united States.
If there is a criminal investigation, for which there is a conflict of interest by the Attorney General, the acting attorney general has failed to declare the law being investigated which would establish grounds for the appointment of special counsel. Without this declaration establishing the special counsel, the acting attorney general Rod Rosenstein is committing fraud. The establishment of the office of special counsel has been made under color of law.
The fraudulent appointing of this office of special counsel by the acting attorney general is especially heinous given the circumstances and declared grounds the acting attorney general has stated in the letter to the attorney general titled:
“The Special Counsel is authorized to conduct the investigation confirmed by then FBI Director James A. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017”
The discredited, fired, FBI director, James Comey has used his office and stated under oath that he unlawfully leaked top secret information to the press for the purpose of establishing this office of special counsel. The acting attorney general appears to be working in collusion with a confessed felon James Comey to unlawfully establish the office of special counsel and appoint his friend Robert Mueller to that office.
Statements made by James Comey under oath confirm his intention to create the office of special counsel headed by his friend Robert Mueller confirm the conspiracy. These actions have come to pass therefore proving the conspiracy in fact.
B. The acting attorney general Rod Rosenstein has successfully continued the perpetration of the fraudulent special counsel by failure to follow other regulations. 28 CFR 600.2 requires the Attorney General consider alternatives to a special counsel to investigate the (from Exhibit B):

“any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump”

which are not crimes under any known statute and such actions are not covered by the special counsel regulations.

The federal regulation (from Exhibit E) states:

600.2 Alternatives available to the Attorney General.
When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:
(a) Appoint a Special Counsel;
(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or Conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.

The acting Attorney General Rod Rosensetin nor Attorney General Jeffrey Sessions have performed any initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision regarding the creation of the office of special counsel. No crime for recusal, no initial investigation of a crime for the establishment of the special counsel.

The grounds for establishing the special counsel have not been met the subsequent failure to consider alternatives to the establishment of the special counsel further demonstrates that the creation of the office of special counsel was fast tracked without regard to the regulations governing the creation of that office. When perpetrating a fraud, the speedy disregard for the law is preferred to a more reasoned disregard for the law.

C. The Acting Attorney General Rod J. Rosenstein has fraudulently failed to properly qualify James Mueller as a special counsel.

The federal regulation states (from Exhibit E):

600.3 Qualifications of the Special Counsel.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decision making, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.
(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C).

Robert Mueller has demonstrated none of these characteristics. He has been shown to be a partisan political operative disguised as an impartial lawyer. It has been discovered that while Mueller was FBI Director he delivered samples of highly enriched uranium to Russian Government officials. The director of the FBI is not qualified to deliver such volatile material. By committing this action Robert Mueller has created extraordinary links to Russian Government officials in a pseudo official capacity. Robert Mueller is hardly an impartial decision maker. He has worked with and has close ties to James Comey, the alleged felon who has confessed to leaking top secret information to the press in order to get his friend Robert Mueller appointed special counsel.
D. The Acting Attorney General Rod J. Rosenstein has fraudulently failed to establish the jurisdiction of the crime to be investigated by the office of Special Counsel.. The matter described by the acting attorney general is a “link”. What connections or links does Robert Mueller have with Russian government officials. Robert Mueller will soon be investigating the entire state department and his own liaison with the Russian government officials. (from Exhibit E)

600.4 Jurisdiction.
(a)Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.
(b)Additional jurisdiction. If in the course of his or her investigation the Special Counsel concludes that additional jurisdiction beyond that specified in his or her original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of his or her investigation, he or she shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel’s jurisdiction or assign them elsewhere.
(c)Civil and administrative jurisdiction. If in the course of his or her investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, he or she shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General.

E. The acting Attorney general has failed to oversee the special counsel in the use of qualified Justice Department staff, as the code requires. (from Exhibit E)

§ 600.5 Staff.
A Special Counsel may request the assignment of appropriate Department employees to assist the Special Counsel. The Department shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of specific employees, and the office for which the designated employee works shall make reasonable efforts to accommodate the request. The Special Counsel shall assign the duties and supervise the work of such employees while they are assigned to the Special Counsel. If necessary, the Special Counsel may request that additional personnel be hired or assigned from outside the Department. All personnel in the Department shall cooperate to the fullest extent possible with the Special Counsel.

F. After four months in action James Mueller has failed to establish a budget as the regulations direct. Will he spend his way through the Federal Treasury until we run out of money and then fold up his tent? 60 days have past. James Mueller is in violation of the regulations of the special counsel and should either comply immediately or be dismissed as incompetent. Robert Mueller has failed to announce the special event of convening a grand jury as required by the regulations. Instead the information has been leaked to the press in such a way as to signify fraud. (from Exhibit E)

600.8 Notification and reports by the Special Counsel.
(a)Budget.
(1) A Special Counsel shall be provided all appropriate resources by the Department of Justice. Within the first 60 days of his or her appointment, the Special Counsel shall develop a proposed budget for the current fiscal year with the assistance of the Justice Management Division for the Attorney General’s review and approval. Based on the proposal, the Attorney General shall establish a budget for the operations of the Special Counsel. The budget shall include a request for assignment of personnel, with a description of the qualifications needed.
(2) Thereafter, 90 days before the beginning of each fiscal year, the Special Counsel shall report to the Attorney General the status of the investigation, and provide a budget request for the following year. The Attorney General shall determine whether the investigation should continue and, if so, establish the budget for the next year.
(b)Notification of significant events. The Special Counsel shall notify the Attorney General of events in the course of his or her investigation in conformity with the Departmental guidelines with respect to Urgent Reports.
(c)Closing documentation. At the conclusion of the Special Counsel’s work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.

Grievance the third:
Congress is conspiring to commit obstruction of justice surrounding the Executive branch from carrying out it’s duties under the regulations for special counsel. Senator Lindsey Graham and others have threatened to enact laws to restrict the President from supersizing his proper constitutional authority and oath of office to see that the laws are faithfully executed. From the above case these laws surrounding the special counsel are not being following and congress is seeking to subvert the rule of law. Sens. Thom Tillis (R-NC) and Chris Coons (D-Del) are proposing legislation that would bar anyone from firing or in any way impeding Robert Mueller, the special counsel appointed to investigate President Trump and his associates for winning the 2016 presidential election

Summary. The Attorney General Jeff Sessions, acting Attorney General Rod Rosenstein, special counsel Robert Mueller and confessed felon, fired, FBI director James Comey have conspired to perpetrate a series of fraudulent actions. The fraud is demonstrated by the use of legal terms associated with Jeff Sessions recusal and the regulations establishing a special counsel but flagrantly not following those regulations. This is an especially egregious fraud as it uses the color of law to perpetrate the fraud and is being carried out by so called knowledgeable legal persons.
The recent assembly of a grand jury by Robert Meuller does not vindicate or justify the unlawful actions of the special counsel. In fact the assembly of an unlawful grand jury is evidence of the fraud and apparent conspiracy between the unlawful At tourney General recusal, establishment of the fraudulent special counsel using collusion with a confessed felon James Comey being perpetrated on the American people.

1. The inspector general must cease all payments to the office of special counsel in lieu of an investigation into the apparent fraud being perpetrated under color of law by the office of special counsel. This is specifically important as there is a missing budget and no financial accountability along with the political staff assignments. The funds being paid out to these political operatives could be used to further the political motivations of the staff currently in the employ of the office of special counsel.
2. The inspector general should require the Attorney general to rescind his unlawful recusal into a conflict around links with Russia. The inspector general if he believes that the attorney general is correct in his recusal then the inspector general needs to require the attorney general to state the law violated and what is the nature of his conflict requiring his recusal.
3. The inspector general needs to immediately require that the special counsel adhere to all of the laws from 28 CFR 600 sections 1 though 10. ( Exhibit E) The inspector general needs to require the acting attorney general Rod Rosenstein to declare the now fraudulent special counsel to be in violation of sections 1-4 and to restate his letter of intent to establish the special counsel to include specifically regulations 28 600 sections 1-3 ( from Exhibit E) omitted from his original declaration and immediately require the enforcement of all special counsel regulations especially 28 600 section 1 through 10. (Exhibit E)

Exhibit A – Attorney Generals’ recusal statement.

FOR IMMEDIATE RELEASE AG

THURSDAY, MARCH 2, 2017 (202) 514-2007

WWW.JUSTICE.GOV[JUSTICE.GOV] TTY (866) 544-5309

ATTORNEY GENERAL SESSIONS STATEMENT ON RECUSAL

WASHINGTON – Attorney General Jeff Sessions today issued the following statement:

“During the course of the confirmation proceedings on my nomination to be Attorney
General, I advised the Senate Judiciary Committee that ‘[i]f a specific matter arose where I
believed my impartiality might reasonably be questioned, I would consult with Department
ethics officials regarding the most appropriate way to proceed.’

“During the course of the last several weeks, I have met with the relevant senior career
Department officials to discuss whether I should recuse myself from any matters arising from the
campaigns for President of the United States.

“Having concluded those meetings today, I have decided to recuse myself from any
existing or future investigations of any matters related in any way to the campaigns for President
of the United States.

“I have taken no actions regarding any such matters, to the extent they exist.

“This announcement should not be interpreted as confirmation of the existence of any
investigation or suggestive of the scope of any such investigation.

“Consistent with the succession order for the Department of Justice, Acting Deputy
Attorney General and U.S. Attorney for the Eastern District of Virginia Dane Boente shall act as
and perform the functions of the Attorney General with respect to any matters from which I have
recused myself to the extent they exist.”

Exhibit B Letter of Acting Attorney General Rod Rosenstein
Office of the Deputy Attorney General
ORDER NO. 3915-2017
APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE RUSSIAN INTERFERENCE WITH THE 2016 PRESIDENTIAL ELECTION AND RELATED MATTERS
By virtue of the authority vested in me as Acting Attorney General, including 28 U.S.C.
§§ 509, 510, and 515, (Exhibit A)
in order to discharge my responsibility to provide supervision and management of the Department of Justice, and to ensure a full and thorough investigation of the Russian governments efforts to interfere in the 2016 presidential election, I hereby order as follows:
(a) Robert S. Mueller III is appointed t() serve as Special Counsel for the United States
Department of Justice.
(b) The Special Counsel is authorized to conduct the investigation confirmed by then FBI Director James A. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:
(i) any links and/or coordination between the Russian government and individuals
associated with the campaign of President Donald Trump; and
(ii) any matters that arose or may arise directly from the investigation; and
(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).
(c) If the Special Counsel believes it is necessary and appropriate, the Special Counsel is
authorized to prosecute federal crimes arising from the investigation of these matters.
(d) Sections 600.4 through 600. l 0 of Title 28 of the Code of Federal Regulations are
applicable to the Special Counsel.
Date: 05/17/17
Signed by Rod J. Rosenstein
Acting Attorney General

Exhibit C
All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions—
(1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department of Justice;
(2) of the Federal Prison Industries, Inc.; and
(3) of the Board of Directors and officers of the Federal Prison Industries, Inc.
28 U.S. Code § 509A - National Security Division

There is a National Security Division of the Department of Justice.
(b) The National Security Division shall consist of the elements of the Department of Justice (other than the Federal Bureau of Investigation) engaged primarily in support of the intelligence and intelligence-related activities of the United States Government, including the following:
(1) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of this title.
(2) The Office of Intelligence Policy and Review (or any successor organization).
(3) The counterterrorism section (or any successor organization).
(4) The counterespionage section (or any successor organization).
(5) Any other element, component, or office designated by the Attorney General.

Exhibit D.
28 CFR 45.2 Disqualification arising from personal or political relationship.
(a) Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with:
(1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or
(2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.
(b) An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher. If the supervisor determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:
(1) The relationship will not have the effect of rendering the employee’s service less than fully impartial and professional; and
(2) The employee’s participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.
(c) For the purposes of this section:
(1)Political relationship means a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof; and
(2)Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality. An employee is presumed to have a personal relationship with his father, mother, brother, sister, child and spouse. Whether relationships (including friendships) of an employee to other persons or organizations are “personal” must be judged on an individual basis with due regard given to the subjective opinion of the employee.
(d) This section pertains to agency management and is not intended to create rights enforceable by private individuals or organizations.

Exhibit E. 28 CFR 600

§ 600.1 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.

§ 600.2 Alternatives available to the Attorney General.
When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may:
(a) Appoint a Special Counsel;
(b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or
(c) conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. If the Attorney General reaches this conclusion, he or she may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.

§ 600.3 Qualifications of the Special Counsel.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decision making, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.
(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C).

§ 600.4 Jurisdiction.
(a)Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.
(b)Additional jurisdiction. If in the course of his or her investigation the Special Counsel concludes that additional jurisdiction beyond that specified in his or her original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of his or her investigation, he or she shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel’s jurisdiction or assign them elsewhere.
(c)Civil and administrative jurisdiction. If in the course of his or her investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, he or she shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General.
§ 600.5 Staff.
A Special Counsel may request the assignment of appropriate Department employees to assist the Special Counsel. The Department shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of specific employees, and the office for which the designated employee works shall make reasonable efforts to accommodate the request. The Special Counsel shall assign the duties and supervise the work of such employees while they are assigned to the Special Counsel. If necessary, the Special Counsel may request that additional personnel be hired or assigned from outside the Department. All personnel in the Department shall cooperate to the fullest extent possible with the Special Counsel.

§ 600.6 Powers and authority.
Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities.

§ 600.7 Conduct and accountability.
(a) A Special Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice. He or she shall consult with appropriate offices within the Department for guidance with respect to established practices, policies and procedures of the Department, including ethics and security regulations and procedures. Should the Special Counsel conclude that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated Departmental component inappropriate, he or she may consult directly with the Attorney General.
(b) The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department. However, the Attorney General may request that the Special Counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established Departmental practices that it should not be pursued. In conducting that review, the Attorney General will give great weight to the views of the Special Counsel. If the Attorney General concludes that a proposed action by a Special Counsel should not be pursued, the Attorney General shall notify Congress as specified in § 600.9(a)(3).
(c) The Special Counsel and staff shall be subject to disciplinary action for misconduct and breach of ethical duties under the same standards and to the same extent as are other employees of the Department of Justice. Inquiries into such matters shall be handled through the appropriate office of the Department upon the approval of the Attorney General.
(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.

§ 600.8 Notification and reports by the Special Counsel.
(a)Budget.
(1) A Special Counsel shall be provided all appropriate resources by the Department of Justice. Within the first 60 days of his or her appointment, the Special Counsel shall develop a proposed budget for the current fiscal year with the assistance of the Justice Management Division for the Attorney General’s review and approval. Based on the proposal, the Attorney General shall establish a budget for the operations of the Special Counsel. The budget shall include a request for assignment of personnel, with a description of the qualifications needed.
(2) Thereafter, 90 days before the beginning of each fiscal year, the Special Counsel shall report to the Attorney General the status of the investigation, and provide a budget request for the following year. The Attorney General shall determine whether the investigation should continue and, if so, establish the budget for the next year.
(b)Notification of significant events. The Special Counsel shall notify the Attorney General of events in the course of his or her investigation in conformity with the Departmental guidelines with respect to Urgent Reports.
(c)Closing documentation. At the conclusion of the Special Counsel’s work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.
§ 600.9 Notification and reports by the Attorney General.
(a) The Attorney General will notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action -
(1) Upon appointing a Special Counsel;
(2) Upon removing any Special Counsel; and
(3) Upon conclusion of the Special Counsels investigation, including, to the extent consistent with applicable law, a description and explanation of instances (if any) in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.
(b) The notification requirement in paragraph (a)(1) of this section may be tolled by the Attorney General upon a finding that legitimate investigative or privacy concerns require confidentiality. At such time as confidentiality is no longer needed, the notification will be provided.
(c) The Attorney General may determine that public release of these reports would be in the public interest, to the extent that release would comply with applicable legal restrictions. All other releases of information by any Department of Justice employee, including the Special Counsel and staff, concerning matters handled by Special Counsels shall be governed by the generally applicable Departmental guidelines concerning public comment with respect to any criminal investigation, and relevant law.
§ 600.10 No creation of rights.
The regulations in this part are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law or equity, by any person or entity, in any matter, civil, criminal, or administrative.


30 posted on 11/24/2017 9:04:31 AM PST by kvanbrunt2 (spooks won on day 76)
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To: drewh

bttt


31 posted on 11/24/2017 9:33:48 AM PST by Dante3
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To: Buttons12

“Basically a bill of attainder on Trump. Totally illegal.”

When has any any Progressive ever given a darn about
“legalities”.

They are tyrants, in the truest sense of the word.

IMHO


32 posted on 11/24/2017 4:26:27 PM PST by ripley (ose who dis)
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