Posted on 07/23/2017 9:31:27 AM PDT by Cboldt
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
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.
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.
Comey's March 20 testimony creates this investigative structure:
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.
Don’t you just love the way these “types” always resort to “what this country is all about” and/or “our system of laws and government”. What respect did they have for either when they were on OUR PAYROLL? What are they afraid of? Having the rug pulled back on their time in office?
Clapper and Brennan embody the word “Injustice”.
The ‘republican’ controlled Congress are either complicit in this mockery of the law or they are too stupid to be in control.
Fitton - I like it. Going after those you named - even better!!
Turley is trying to be deferential to Mueller and "the process," and as a lawyer, he is generally deferential to wildly different interpretations of any given prose.
Interpretation of DOJ Order 3915-2017 breaks down on a partisan basis. One side sees it a license to conduct fishing expeditions against the people who worked for the Trump campaign, and the other side see it as a license to investigate just the campaign.
The charge is the campaign colluded with the Russians, whatever the heck that means, so it's pretty clear to me which of the two takes makes the most sense. The other side, the one that finds Manafort's 2008 real estate deals to be part of the Trump campaign, they have to either use a strained interpretation of the authorization, or craft an imaginary web of connections and maybes to justify reaching that far.
Amen, Amen , Amen, My thoughts exactly.. Only make sure the replacement is of the mind to do it..
Rosenstein should be removed immediately.
Complicit. It might be interesting to name the few who have voiced opposition to the process. Most have endorsed it, as the praise Comey and Mueller for their honesty. Heck, even after Comey admitted leaking, Congress by and large praised him for being upstanding and a straight shooter.
Congress is working just as hard to depose Trump, as the press is. If nothing else, the silence is enabling, but I think there is loads of active undermining. Of course the DEM half is. They think the election was not legitimate.
I think the method here is for Trump to give Miller 45 or 60 days to present his evidence in final form and on the 46th or 61st day if there’s nothing there the whole thing goes away. End of story.
well reasoned work, cboldt.
re: to keep or dump mueller for working outside his mandate or obvious conflicts of interest:
does anybody remember what it was the got fiske discharged & starr appointed in the bubba drama.
iirc, there was not a big squeal about getting fiske out.
(it has been quite a while, so I’m sure I’m not remembering any of the details)
I have good respect for Tom Fitton but I don’t believe he’s actually an attorney.
The ‘republicans’ have allowed the ‘judiciary’ to replace them in passing laws.. no judges are ever called in by them for their insane global decisions.
I don't know how much of this will be public to start with, but I don't foresee a deadline being imposed from the WH.
Lots of ways this could lay. Sessions could write Rosenstein and demand assurance that Mueller is NOT working on any investigation other than "the campaign," other than whatever Sessions has recused from.
Sekulow, Cobb and Dowd can do the same thing, to Rosenstein and to Mueller.
Congress has oversight over the DOJ, and should be upset if a Special Counsel usurped the role of the DOJ, or stripped sessions of a power that Sessions had not relinquished. I doubt Congress does anything though, Congress all but endorsed Comey usurping the role of prosecutor.
Sekulow Cobb and Dowd can also take to the press with their arguments. OpEds, appearances on news programs. Ask the people to complain to Rosenstein, flood his inbox, swamp him, bury him with attention. Turn on the spotlight.
thanks
very informative
I don’t think there is any deadline as part of Mueller’s charter. Barring actually finding anything they want to keep dripping leaks to keep to the heat on until 2020. Sessions f’d us but good so there is no good way to stop this now, the best they can do is shut it down with a storm or a total President killing S-Storm.
Are these Trump orders inconsistent with the Constitution? Brennan couldn't say that.
Are these Trump orders inconsistent with existing law? Brennan couldn't say that.
Are these Trump orders inconsistent with what the voters want? Brennan couldn't say that.
So Brennen is left pushing his Big Brother big government line of propaganda. These Trump orders "are inconsistent with what this country is all about.”
Very Deep State and Big Brother creepy.
As if out of the blue, without first preparing the battlefield, as if tomorrow, Trump is going to order Mueller fired.
Ain't going to happen.
In the next couple weeks, now that news is out that Mueller is off on fishing expeditions, Trump's lawyers will illuminate what is wrong with Mueller's investigation, and if he doesn't go along with it, will also illuminate that Rosenstein is not following the regulations either.
Trump can't allow Mueller to spend much time on fishing expeditions, but until Mueller let on that he was fishing, or until that was reported in the press, Trump didn't have a reason to light up Mueller and Rosenstein. Now he does.
Good free legal advice. Now to get the word out. Hope someone other than FR picks it up
BTTT
They all should have enough rope to hang themselves
Does Wray get sworn in Monday or Tuesday ?
Then McCabe and company can be relieved of duty?
Anyone know what the JULY 27 incident is all about? Keep seeing that date bantered about as a REALLY BIG DAY!
Good post. For later review.
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