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To: Ray76

If firing Mueller would cause a huge mess, how about an end run around him?

Have Sessions appoint Special Counsel Larry Klayman to investigate the Hillary scandals, Comey and deep state leaks, Awan espionage and Seth Rich murder. Give him broad leeway to investigate deep state conspiracies against the President, which are attacks on our Constitution, and those will lead to an investigation of the Mueller/Comey axis and the Mueller investigation itself. Check mate!


4 posted on 08/02/2017 12:22:06 PM PDT by Defiant (The media is the colostomy bag where truth goes after democrats digest it.)
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To: Defiant
There is no need to fire Mueller. Firing him would only feed the Democrat's narrative of "obstruction". Firing Mueller would give the Democrats their lusted for "Saturday night massacre".

Cormey made clear in his testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, the investigation was a counterintelligence investigation, not a criminal investigation.

Rosenstein's authorization to Mueller quotes Comey, "The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017..." https://www.justice.gov/opa/press-release/file/967231/download

28 CFR 600.1 governs special-counsel appointments by the Justice Department. The relevant part: 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 (emphasis added)

A special counsel is not to be appointed unless and until it is determined that there are grounds for a criminal investigation. Only if that is established does the Justice Department move on to the question whether there is a conflict of interest which requires appointment of a special council.

So - Rosenstein's appointment of Mueller was and is improper.


Also noteworthy is 28 CFR 45.2, titled, “Disqualification arising from personal or political relationship.” The relevant part states: 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... (emphasis added).

Sessions need not have recused himself, there was no criminal investigation.


Read this article: http://www.nationalreview.com/article/449849/sessions-trump-following-federal-regulations-could-have-avoided-mess which I've paraphrased here.

10 posted on 08/02/2017 12:35:29 PM PDT by Ray76 (DRAIN THE SWAMP - VOTE OUT ALL REPUBLICANS & SAVE THE US FROM COMMUNISM)
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