Monday, March 19, 2018

How Manafort's Motion to Dismiss Could Help General Flynn

Thus, in my opinion, Manafort's legal position in his motion to dismiss the Mueller indictments is constitutionally correct - the Special Counsel's behavior makes Mueller's appointment and actions unconstitutional, in violation of the Appointments Clause of the United States Constitution.

The manner of Mueller's appointment violated the Department of Justice's own special counsel regulations, which require identifying specific crimes to be investigated, a factual predicate for the investigation, and the ethical reason why recusal of everyone in the Department is required.

In accord with the Libby decision, Mueller's authority is limited to investigation and indictments that concern collusion between the Russian government and the Trump campaign, or obstruction of Mueller's investigation.

On a similar note, which part of investigating Flynn for post-election statements to FBI agents concerned Flynn's work on the campaign, during the campaign? Which part of investigating Flynn for lobbying work for Turkey was about "Links to the Russian government"? Does Mueller think Turkey is in Russia? Which part of investigating Flynn's son for lobbying activities concerned anything other than coercion of the father? Remember, Rosenstein himself admitted the indictment of the troll farm of a Russian hot dog king had nothing to do with the Trump campaign , an explicit acknowledgment the indictment exceeded Mueller's authorization.

Mueller's authorization letter was not a Lavrentiy Beria letter, but Mueller's team has clearly read it that way.

That is precisely how Mueller has manifestly interpreted his own authority: show Mueller anyone within six-degrees-of-separation of the Trump campaign, and let's see what dirt Mueller's team can find anywhere in their life.

How else do you explain investigating Paul Manafort's tax structuring from twelve years ago? How else do you explain the prostate-exam level invasive scrutiny of so many of Mueller's targets, especially anyone around Manafort?

https://lawandcrime.com/opinion/how-manaforts-motion-to-dismiss-could-help-general-flynn/ 

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