Greg Jarrett to Lou Dobbs today: Mueller and Comey longtime friends; Special Counsel regs specifically forbid a conflict like this; if Mueller had any ethics at all he would recuse; lawyers get de-barred for violating rules like this.
So the question is why is Rosenstein allowing Mueller to continue and not demand he recuse himself? It is a definite conflict of interest.
Notice Ryan, McConnell not asking for Mueller’s recusal.
Trump should get Sessions, Jarrett, Sekulow and several trusted staffers to be witnesses and call Mueller in and confront him with:
" Gregg Jarrett: Are Mueller and Comey colluding against Trump by acting as co-special counsel? From Gregg Jarrett: Are Mueller and Comey colluding against Trump by acting as co-special counsel?
From the article: "Mueller wont be surprised by Comeys testimony: report Mueller's team has been in contact with Comey before his Senate testimony this Thursday. Mueller's team has been in contact with Comey ahead of his public remarks this Thursday, Politico reported Tuesday. The former FBI Director is expected to stick to past conversations with President Trump."
"After all, Robert Mueller and James Comey appear to be acting in concert as co-special counsel. Why not make it official with a formal notice of their union?"
"It was obvious it would evolve this way from the very moment Mueller was named on May 17th. Senate Intel chiefs meeting with Mueller next week: Burr said they are also setting up closed-door sessions with Mike Rogers and Dan Coats. A spokeswoman for the top Democrat on the committee confirmed that both Warner and Sen. Richard Burr (R-N.C.), the chairman of the committee, are meeting with Mueller next week. A spokeswoman for Burr didn't immediately respond to request for comment."
"Which is why I wrote a column two days later, arguing that Mueller should resign as special counsel. He has a flagrant conflict of interest that disqualifies him from serving. To wit, his personal and professional closeness to Comey. They have long been allies. Comey regards his predecessor at the FBI as a mentor, while Mueller considers Comey his protégé."
"It was evident at the outset that the fired FBI Director would be the pivotal witness in any potential obstruction of justice investigation by Mueller. Therefore, it was incomprehensible that Rod Rosenstein, the Acting Attorney General, would choose him. It was equally baffling that Mueller would accept the position."
"Conflict of Interest Defined: The law governing the special counsel (28 CFR 600.7) specifically prohibits Mueller from serving if he has a conflict of interest. Even the appearance of a conflict is disallowed."
"The same Code of Federal Regulations defines what constitutes a conflict. That is, a personal relationship with any person substantially involved in the conduct that is the subject of the investigation or prosecution (28 CFR 45.2). Comey is that person. He was substantially involved in the conversation with President Trump which may be the subject of an obstruction investigation. In fact, the former Director is the only other person involved. There were no witnesses beyond himself."
"A conflict of interest is a situation in which an individual has competing interests or loyalties. Here, it sets up a clash between the special counsels self-interest or bias and his professional or public interest in discharging his responsibilities in a fair, objective and impartial manner. His close association with the star witness raises the likelihood of prejudice or favoritism which is anathema to the fair administration of justice."
28 CFR 600.7 - Conduct and Accountability.
28 CFR 45.2 - Disqualification Arising from Personal or Political Relationship.
So, Trump has his folks in the Oval Office, Mueller walks in, Sekulow reads the laws to Mueller and Mueller is given the chance to resign. If he doesn't, Trump has no choice but to fire him.