Rosenstein allowed Mueller to operate under FISA Title 1 vice Title 3 investigative authority, predicated upon an invalid FISA warrant, granted based on hearsay.
Then there’s the illegal matter of “secret verbal instructions” under authority of appointing a special counsel, elaborating additional scope of powers off the books per prosecutor Michael Dreeben.
Judge Ellis isn’t buying the story.
The only rules governing the special counsel currently come from internal Justice Department regulations. Those rules permit the appointment of a special counsel when “the Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General . . . determines that criminal investigation of a person or matter is warranted” and investigation or prosecution through the regular Justice Department channels “would present a conflict of interest . . . or other extraordinary circumstances.” They then require the person appointing the special counsel (here, Rod Rosenstein) to provide, in writing, “a specific factual statement of the matter to be investigated” (which can be expanded through the same procedure) as well as authority to pursue “perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses” aimed at interfering with the investigation. End quote.
Everything to be documented in writing. No Secret Police, no Secret Courts, no Secret Prosecution, and no Secret Authority granting off-the-books powers not subject to review in a court of law to a government appointee. No unaccountable Star Chamber prosecution, judgement, or sentencing.