Instead, I've contended, Rosenstein assigned Mueller to conduct a counterintelligence investigation, which is not a sound basis for appointing a special counsel; the regulations require grounds for a criminal investigation.
Since the Russia investigation was a counterintelligence investigation, I contended that Sessions could have declined to recuse.
Rosenstein could be directed to consider whether his appointment of a special counsel complies with the regulations that limit such appointments to criminal investigations or prosecutions as to which the Justice Department is conflicted.
In the memo, the deputy attorney general claims that his original order appointing Mueller did not mention the criminal investigations Mueller was authorized to conduct because Rosenstein wanted to make the public aware that Mueller was being appointed "Without confirming specific investigations involving specific individuals."
After some opening background, Rosenstein instructs Mueller, "The following allegations were within the scope of the Investigation at the time of your appointment and are within the scope of the Order." But after that, everything is blacked out except for two "Allegations" regarding Paul Manafort.
The special-counsel regulations are not satisfied by mere allegations; they require that there be factual grounds warranting a "Criminal investigation or a person or matter." Now, the regulation governing a special counsel's jurisdiction is unclear on how much must be said about the grounds for the investigation - the acting attorney general must give the special counsel "a specific factual statement of the matter to be investigated." I believe the term "Specific factual statement" implies that more than a mere, conclusory allegation is required; but others will counter the regulation is satisfied by what Rosenstein has provided: general outlines of potential crimes, in the form of allegations.
Deputy Attorney General Rosenstein is to be commended for attempting to rectify the deficiencies in his original special-counsel appointment order by issuing a memo that amplifies Special Counsel Robert Mueller's jurisdiction to conduct criminal investigations.
https://www.nationalreview.com/2018/04/russia-investigation-rod-rosenstein-memo-mueller-probe-limits/
‘Rosenstein and Mueller Colluded to Break the Law’ Attorney Gregg Jarrett Calls on “Unethical Mueller” to Resign After Rosenstein Memo Surfaces
http://thegatewaypundit.com/2018/04/rosenstein-and-mueller-colluded-to-break-the-law-attorney-gregg-jarrett-calls-on-unethical-mueller-to-resign-after-rosenstein-memo-surfaces/
Since the Russia investigation was a counterintelligence investigation, I contended that Sessions could have declined to recuse.
Rosenstein could be directed to consider whether his appointment of a special counsel complies with the regulations that limit such appointments to criminal investigations or prosecutions as to which the Justice Department is conflicted.
In the memo, the deputy attorney general claims that his original order appointing Mueller did not mention the criminal investigations Mueller was authorized to conduct because Rosenstein wanted to make the public aware that Mueller was being appointed "Without confirming specific investigations involving specific individuals."
After some opening background, Rosenstein instructs Mueller, "The following allegations were within the scope of the Investigation at the time of your appointment and are within the scope of the Order." But after that, everything is blacked out except for two "Allegations" regarding Paul Manafort.
The special-counsel regulations are not satisfied by mere allegations; they require that there be factual grounds warranting a "Criminal investigation or a person or matter." Now, the regulation governing a special counsel's jurisdiction is unclear on how much must be said about the grounds for the investigation - the acting attorney general must give the special counsel "a specific factual statement of the matter to be investigated." I believe the term "Specific factual statement" implies that more than a mere, conclusory allegation is required; but others will counter the regulation is satisfied by what Rosenstein has provided: general outlines of potential crimes, in the form of allegations.
Deputy Attorney General Rosenstein is to be commended for attempting to rectify the deficiencies in his original special-counsel appointment order by issuing a memo that amplifies Special Counsel Robert Mueller's jurisdiction to conduct criminal investigations.
https://www.nationalreview.com/2018/04/russia-investigation-rod-rosenstein-memo-mueller-probe-limits/
‘Rosenstein and Mueller Colluded to Break the Law’ Attorney Gregg Jarrett Calls on “Unethical Mueller” to Resign After Rosenstein Memo Surfaces
http://thegatewaypundit.com/2018/04/rosenstein-and-mueller-colluded-to-break-the-law-attorney-gregg-jarrett-calls-on-unethical-mueller-to-resign-after-rosenstein-memo-surfaces/
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