Posted on 07/31/2017 9:07:07 PM PDT by Helicondelta
House Judiciary Committee member Rep. Trent Franks (R-Ariz.) is calling on Robert Mueller, special counsel for the Department of Justice’s Russia investigation, to resign.
Franks claims Mueller is violating a law governing the special counsel that prohibits him from serving if he has a “conflict of interest,” which includes “a personal relationship with any person substantially involved in the conduct that is the subject of the investigation or prosecution.”
Franks cited a Fox News report from May that cast Mueller and former FBI Director James Comey as “longtime allies.” Mueller served as the FBI Director when Comey was the Deputy Attorney General in 2003. The Russia investigation has expanded to include possible ties between the Trump campaign and Russia and the president’s decision to fire the FBI director.
“Bob Mueller is in clear violation of federal code and must resign to maintain the integrity of the investigation into alleged Russian ties,” Franks said in a statement.
“Those who worked under them have attested he and Jim Comey possess a close friendship, and they have delivered on-the-record statements effusing praise of one another.”
Fox News reported that Mueller was a confident to Comey when he talked President George W. Bush out of pushing ahead the renewal of a controversial surveillance program, and even offered to resign alongside side him if need be.
“No one knows Mr. Mueller’s true intentions, but neither can anyone dispute that he now clearly appears to be a partisan arbiter of justice, Franks said.
“Accordingly, the law is also explicitly clear: he must step down based on this conflict of interest.”
(Excerpt) Read more at thehill.com ...
Franks should read this: http://www.nationalreview.com/article/449849/sessions-trump-following-federal-regulations-could-have-avoided-mess
Now wait just a bleepin second!
Maine has the two most worthless pieces of crap in the Senate, Senator Suzy and Anus King.
Then there's Bruce Parlorqueen and Smelly Fingry in the House.
If Mueller steps down and his staff of Hillaryites stays in place, then not much has really been accomplished.
It makes no sense that Mueller would "conflict himself out" of the assignment by "taking a case that involves a conflict." If he did take a case that involves a conflict, then he only needs to abandon that case, not the entire assignment.
Even if the congressman is off base, his call may be the one that triggers eventual replacement of Mueller, or abandonment of a "Trump obstruction" investigation, if one even exists.
I'm of a mind that the prosecution of George Zimmerman, the appointment of Mueller, and the appointment of Fitzgerald were all done for optics, political reasons, reasons outside proper legal function.
That attribute (any argument has a chance at success, need not be legally "proper") works just as well to unwind an improvidently taken "special counsel" as it does to create one.
The “Russia investigation” was described by...James Comey, in March 20 congressional testimony.... Explicitly and unambiguously, Director Comey described a counterintelligence investigation, not a criminal investigation.
Rosenstein's authorization to Mueller quotes Comey, "The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017..." https://www.justice.gov/opa/press-release/file/967231/download
28 CFR 600.1 governs special-counsel appointments by the Justice Department. The relevant part: 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 (emphasis added)
A special counsel is not to be appointed unless and until it is determined that there are grounds for a criminal investigation. Only if that is established does the Justice Department move on to the question whether there is a conflict of interest.
So - Rosenstein's appointment of Mueller was and is improper.
Also noteworthy is 28 CFR 45.2, titled, “Disqualification arising from personal or political relationship.” The relevant part states: No employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with: (1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution... (emphasis added).
Sessions need not have recused himself.
Read this article: http://www.nationalreview.com/article/449849/sessions-trump-following-federal-regulations-could-have-avoided-mess which I've paraphrased here.
I don’t disagree.
The best outcome would be for Rosenstein to withdraw the authorization.
He's prospectively recused from all sorts of cases. I agree with you that if the investigation is counterintelligence only, announcing a recusal is nonsense, premature, etc. But the basis for recusal, the regulation, exists.
Sessions "is recused" from cases involving his wife too.
At any rate, application of 28 CFR 45.2 hinges on the same predicate for appointing an SC in the first place. A criminal investigation.
Conventional wisdom and public perception will be that this predicate is satisfied. Just saying, in order to make the case that recusal wasn't necessary, one has to rebut the same finding that justifies the appointment of Mueller. There is no way to undo the recusal first, then undo the appointment. The two events follow from the same basis, existence of a criminal investigation into some aspect of the Trump campaign.
Yes. But first public perception has to be adjusted. McCarthy's article goes in that direction. Limbaugh has talked about this too.
Mueller, like Comey, is taking advantage of "institutional secrecy." Schiff does the same thing. When an accusation is insinuated against Trump, he says "I can't talk about that."
I wonder who it was in the DOJ, if anybody, that authorized Comey to disclose (March 20) the existence of counterintelligence investigation against the Trump campaign. He has not been asked that question. Normally, existence of investigations is a secret, and the way I see it, if Comey had not publicized this, the basis (phony as it is) for SC is missing.
Franks would do better to point out the problem with the authorization rather than calling for Mueller to resign. The first has fact on its side, the second looks partisan.
Pound the facts. And bring pressure on Rosenstein to withdraw the authorization.
I agree. He would also do better to make his argument "global" instead of depending on Mueller talking a Trump obstruction (fired Comey) investigation, a premise that as far as I know, does not exist. But if it did, Mueller can cure it by abandoning ONLY that.
The need for a special council will be moot when Attorney General Sessions goes to DHS and someone like the former AG of Oklahoma, Scott Pruit, could be moved into the DOJ without confirmation hearings since he has already been vetted. As Attorney General, Scott Pruit could terminate Mueller and conduct the investigations himself.
Confidant.
Ahhh, modern journalism...
It helps. Mueller not only has a conflict of interest, butu he has hired 100% Democrat lawyers who are Democrat partisans. The whole thing reeks of a partisan witch hunt.
The investigation itself is bogus.
Word...
The only collusion that really occurred, between the Russians & Americans, is through the Democrat Party. That being the case, as we now know, Mueller should resign and fire his Democrat crony friends. Waste of the taxpayers money!!!
Mueller and his lawyers are knee deep with Democrat Fusion GPS collusion with Russia
Enough of this charade and let us focus on indicting Hillary and doing a post presidency impeachment of Maobama
It depends on who replaces him. Anyone who’s honest and didn’t pack the team with Hillary supporters would be preferable. Someone who was honest and had no agenda would wrap it up and admit there’s nothng there.
[“Bob Mueller is in clear violation of federal code”]
Absolutely. Each day he doesn’t resign shows just what he is and why he cannot be trusted.
[ Ahhh, modern journalism... ]
Well, ewe no their is know cache fore editors.....
Finally we see someone step up. We also have members of the House that want to investigate Hillary Clinton. There is hope in the House. Most of the Senate is useless (sans Rand Paul and Chuck Grassley).
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