I looked at Mueller's brief in the Virginia court defending the legality of his appointment.
He's actually not even claiming to be a Special Counsel under the DOJ regulations (even though he is calling himself "Special Counsel").
Instead, Mueller is basing his legal authority on being a special assistant to the Attorney General.
But yet, they are saying that the AG (and here it's actually the Assistant AG (Rosenstein) since the AG (Sessions) decided to recuse himself) has voluntarily ("discretionary decision") applied the special counsel regulation which makes it illegal to exercise day-to-day supervision over the Special Counsel (who they are saying is really a special assistant to the AG).
But it seems like a legal oxymoron to claim Mueller's authority to act is as a special assistant to the AG, but at the same time claim the AG does not have the legal power to supervise his own assistant on a day-to-day basis.
But in fact what they have done is created a new de facto US Attorney position. Congress hasn't authorized the AG to do that. And Mueller was never appointed by the President or confirmed by the Senate, as required for a US Attorney (or even for an Assistant Attorney General.)
Mueller's operation is actually bigger than some US Attorney's offices. And by not legally being allowed to be supervised on a day-to-day basis, he actually in theory has more freedom from the AG (here, the AAG) than a US Attorney.
The judge can judge st through w the case out with prejudice.
Okay, so fire Rosenpig and appoint someone who will take the responsibility to watch this criminal weasel on a day to day basis. These pigs work for the Head of the Executive Branch. Make Mule ears accountable or fire his criminal ass too.
Actually, just send Mule-ears and Rosenpig for Impeachment in Congress. Time for this treasonous coup attempt to be hung by its neck.
The key question is: who grants this “special status”?
Someone whose name we are familiar with?
I doubt that this position (SAUSA) was created to get Special Counsels a means by which they could operate beyond the scope of their authority.
So if that’s how Mueller is using it, then it should simply be denied on that basis, regardless of whether the language of the SAUSA designation would technically allow him to do that.
If his authorization by the AAG explicitly allowed him to exceed his scope by obtaining and receiving the SAUSA status, without any additional or prior approvals by the AAG, then that would be different. However, I doubt that language is in there, since what would be the point - since you could just broaden the scope of the authorization to avoid that being necessary.
Hence, it should be denied, since otherwise what is the point of the AG, or in this case, the AAG, limiting the scope of a Special Counsel if it can be so easily circumvented this way. Therefore, the absence of the allowable use of an SAUSA status in the AG/AAG scope memo should simply mean that such a contravention is not permitted.
Then they should be able show approval letters from their authority in this case the Federal Prosecutors that have been approved by the Senate. If they conducted this investigation prior to preapproval of their authority it is a poison tree.
there are some lawyers who definitely require prison for this kind of police state krap.
DJT needs to grow a pair and terminate all of this farce NOW!
I still don’t understand why Sessions picked Rosenstein. There are thousands of conservative lawyers in The Federalist Society all over the country - why does he end up with a liberal Republican (basically a Democrat) with a history with Mueller and one that was recommended by Elijah Cummings? Do you think that Eric Holder would have hired a deputy on the recommendation of Devin Nunes? Look at the disparate enforcement by Mueller and his rabid band of Democratic donors and Clinton employees - Hillary destroys a server and 30,000 emails under subpoena, trades away 20 percent of the nation’s uranium, her top aides are granted immunity, she is interrogated without notes or any type of record and Tony Podesta doesn’t even seem to be under investigation even though he supposedly did many of the same things as Manafort with the same Russians and Ukrainians. Why is ratfaced Mueller allowed to pull off this scam, Sleepy Sessions?
An obscure special status obtained by several of special counsel Robert Mueller’s attorneys = We just made up this status to get Trump.
I’ve never heard of the SAUSA arrangement before. From a quick glance, I gather that it’s a mechanism sometimes used to, essentially, deputize state prosecutors as temporary federal prosecutors. I can see some utility in this for bringing sprawling, cross-jurisdictional cases under coordinated management. But the question unanswered in the article is whether Special Prosecutors have ever used this procedure, or if the current instance is unprecedented. If the latter, it strikes me as an outrage, and more ammunition in the fight. Special Prosecutors are supposed to be pursuing a narrow, defined matter that, for whatever reasons, cannot be well handled by regular DOJ staff. They are not supposed to be roving legal gunslingers with unlimited jurisdiction — which is exactly the problem that the apparent Mueller fishing expedition has already raised.
it seems like they’re just making s**t up at this point.
Wouldn’t that require consent of Senate?
U.S. Attorney’s must be confirmed by the Senate because of the power they have. Surely what they did here is illegal.
this sounds to me like some of Mueller’s lawyers are ok in this shenanigan but mueller is not. I’d say the judge should at the least oust mueller and everyone else not officially covered by it. then we’ll see it the lawyers actually given the special status want to carry on with the farce thats been exposed.
They made executive decisions using executive authority that no law gives them but which arise from the DOJ own opaque written internal rules of operation.
Now then, a proper Attorney General (not sessions apparently) would see the fraud in how Mueller is structuring and operating his team, and fire both Rosenstein and Mueller. He’d then appoint himself one new “special prosecutor” to take all work of the Mueller team, review it with their own team, and complete the investigation. He’d appoint another special prosecutor to take over what the IG has been asked to look into regarding any and all politicized work and mishandling of responsibilities by persons withing the DOJ and FBI. That would include matters related to the investigations of Billary, Inc.’s Email system and misuse of the government’s intelligence apparatus as means of operating against a political opponent.
So Heaven and Earth get moved due to a ridiculous Democrat accusation of a “collusion” non-crime, but IT IS WIDELY KNOWN that Clinton ran an illegal server out of her closet and NOTHING is done? NOTHING!!!!
This kind of thing leads to ditch executions without a single shred of remorse.