...outside the military insubordination is a firing offense at best. Comey was fired, so case closed.
Well, then, that play, if indeed it is what they are making has some unintended consequences for them...and Mueller...as the entire construct of the obstruction of justice play against Trump is about his firing of Comey. If now Comeys firing is what was needed, and nothing more, then not only has Russia collusion fallen apart, so has obstruction of justice.
If Mueller and Rosenstein cared about the law or [uncontrollable, hysterical laughter] fairness, what you say is true. But if the DS cared about such things, the witch hunt would never have started in the first place.