The Right Side
By J. Gary DiLaura
President Donald Trump may have to act soon – as a matter of law and in the interest of justice.
Special Counsel Robert Mueller was appointed under provisions of 28CFR 600. According to this law, the supervision of the special counsel falls specifically to the Attorney General. However, the attorney general, Jeff Sessions did not appoint the special counsel. He recused himself, allowing First Deputy Attorney General Rod Rosenstein to appoint and assume supervision of the special counsel. There is nothing I find in 28CFR 600 that allows for a substitute AG. I am hoping Sessions knows what he’s doing.
Under 600.7 it states
(d) The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.
I would think that former FBI Director James Comey’s admission on national television about being “buds” with Mueller and prompting his appointment by illegal leaking of FBI documents and alleging obstruction, would be grounds for a conflict of interest between main witness, Comey and prosecutor Mueller.
After Sessions steps down, Deputy Attorney General Rosenstein picks Mueller as special counsel. But then we find that Rosenstein himself signed documents presented to the FISA judge to justify a wiretap warrant on Carter Page. Rosenstein should have recused himself just as Sessions did.
The Congressional Intelligence Committee says the “signors” of the application, affidavits, and other documents to the FISA court — Rosenstein, Comey, Susan Yates, Strzok, Andy McCabe etc. – were in violation of “full disclosure” rules for FISA , Title 3 Applications and 4th Amendment protections.
Their actions may be felonies. Under these circumstances, AG Sessions should suspend them, open administrative inquiries and if justice dictates, criminal cases on all of them.
But how can he? He recused himself. Neither can the next in line, Rosenstein. He can’t be expected to order an investigation into himself.
We can’t ask Mueller either, because he has a conflict. He can’t investigate his friend Comey or the man who appointed him – Rosenstien.
There are other underlying issues also. This matter falls to the CEO of everyone involved — the elected President of the USA!
In the interest of justice, because of the congressional findings concerning FISA abuses, the president must replace Rosenstein and consequently absent a supervisor, Mueller must stand down until a replacement is found for Rosenstein.
This is justice and the law as I see it.