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In the interest of justice, President must replace Rosenstein; Mueller must stand down until new Deputy AG named

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.

About the author

Frank Parlato


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  • “There is nothing I find in 28CFR 600 that allows for a substitute AG.”

    Under 28 C.F.R. § 600.1, “The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel…”; see also 28 U.S.C. § 510 (“The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General.”)

    Took me less than five minutes to find these, so kind of hard to take your arguments as being in good faith.

  • Another sad Faux “News” propaganda victim. We feel your pain. And we’re going to wipe you out in November.

  • I haven’t seen affidavits or application, have you? If full disclosure you’re right, if not you’re wrong. I ‘ve been involved in enough wiretaps to know deception when I smell it and I smell deception. FISA abuse? How about 4th Amendment, felony, jail time, abuse! When heads of FBI, CIA, NSA are all caught in lies to Intel Committees and deny knowledge in 360 unmasking’s…you better try a different tactic!

  • The Deputy AG is the acting AG, in the event of recusal for that matter. Falls squarely in 28CFR 600.

    And enough with FISA abuses. Even the Republicans admitted their lie by omission.

    This is just garbage based on bad interpretation.