Rosenstein’s authorization to Mueller (Order 3915-2017) cites Comey’s testimony:
“The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James 8. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017”
Comey clearly stated that the investigation is “part of our counterintelligence mission”:
“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...”
Rosenstein’s authorization to Mueller (Order 3915-2017) violates 28 CFR 600.1 which requires that the DOJ transfer a criminal investigation. Special Counsel has no place in a counterintelligence mission.
28 CFR 600 - https://www.law.cornell.edu/cfr/text/28/part-600
Good point.