Explicitly and unambiguously, Director Comey described a counterintelligence investigation, not a criminal investigation.
[Trump could] instruct his Justice Department to comply with federal regulations.
Sessions could be directed to consider whether his recusal complies with the regulation that limits disqualification to criminal investigations as to which there is a conflict.
Rosenstein could be directed to consider whether his appointment of a special counsel complies with the regulations that limit such appointments to criminal investigations or prosecutions as to which the Justice Department is conflicted. He could further be directed to specify exactly what potential crimes the special counsel is authorized to investigate.
Finally, after Rosenstein specifies the crimes, Mueller could be invited to seek an expansion of his jurisdiction if he can demonstrate that he has legitimately found evidence of other crimes.
If this were done, if the regulations were followed, all of us, including the president, would know what crimes the president is suspected of committing . . . if there are any.
excerpts from http://www.nationalreview.com/article/449849/sessions-trump-following-federal-regulations-could-have-avoided-mess
I just heard Roger Stone state that Preibus was the one who recommended Rosenstein... who then appointed the Special Prosecutor when no one requested he do so