Vanity - Mueller, Back in the Box

July 23, 2017 | cboldt

[Cboldt]

Putting Mueller Back in the Box

Rod Rosenstein violated DoJ Regulations when he appointed a Special Counsel. Then Special Counsel Mueller overstepped his jurisdiction. Let's break that down. Here is the appointment.

The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. 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. S: 600.4(a).

DOJ Order 3215-2017: Appointment of Special Counsel Mueller
Accompanying May 17, 2017 Press Release

Here is the investigation confirmed by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017.

I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government's efforts to interfere in the 2016 presidential election and that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia's efforts.

Comey March 20, 2017 Testimony

Order 3915-2017 violates 28 CFR 600.1

28 CFR 600, the DOJ regulation covering Special Counsel, requires that the DOJ transfer a criminal investigation. Special Counsel has no place in a counterintelligence mission. Here is the opening of 28 CFR 600.1.

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 [conflict of interest plus public interest]

Substitute Comey's March 20 testimony into Order 3915-2017, and the Order opens like this:

The Special Counsel is authorized to conduct the counterintelligence mission of investigating the Russian government's efforts to interfere in the 2016 presidential election investigation ...

For talking purposes, overlook Rosenstein's improvident and unauthorized transfer of a counterintelligence investigation to a Special Counsel. Maybe that was the only way to dispose of the seditious bomb that Comey set.

Look at the scope of jurisdiction given to Mueller. There is more than one way to analyze the scope of Rosenstein's authorization to Mueller, both end up in the same place, that he is constrained to investigate CAMPAIGN-RELATED matters - and of course obstruction, perjury and so on if anybody tries to fool him on CAMPAIGN-RELATED inquiries.

1. Mueller is investigating matters that Sessions has not recused from.

Rosenstein can only act as AG for matters that AG Sessions has recused from. AG Sessions has only formally recused from matters relating to the Trump campaign.

2. Mueller is misreading the improvidently granted authorization.

Comey's March 20 testimony creates this investigative structure:

• Russian government's efforts to interfere in the 2016 presidential election
  1. nature of any links between individuals associated with the Trump campaign and the Russian government
  2. any coordination between the campaign and Russia's efforts.

The "nature of any links between individuals and Russia" is subordinate or secondary to investigating Russian government's efforts to interfere in the 2016 presidential election.

Mueller and his acolytes are divorcing the predicate of campaign contact. They read the grant as authorization to investigate the "nature of any links between individuals and Russia", whether that link has anything to do with the campaign or not.

DOJ Order 3915-2017 is even more direct about the authorized scope of investigation. It speaks for itself, with one detail deserving mention.

Remove a certain phrase, and the scope of investigation becomes clear.

"any links and/or coordination between the Russian government and the campaign of President Donald Trump"

When looking at corporate crime, crimes committed by employees off the job are not assigned to the corporation. The target of Mueller's investigation is supposed to be the campaign.

[dila813]

It turns out that Trump’s Instincts were right, he should have fired the AG the sec he recused himself for shirking his duties and fired Mueller immediately since no probable cause of criminal act is alleged to be investigated.