Gregg Jarrett: Are Mueller and Comey ‘colluding’ against Trump by acting as co-special counsel?Fox News, Jun 12, 2017, Gregg Jarrett
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The law governing the special counsel (28 CFR 600.7) specifically prohibits Mueller from serving if he has a “conflict of interest.” Even the appearance of a conflict is disallowed.
The same Code of Federal Regulations defines what constitutes a conflict. That is, “a personal relationship with any person substantially involved in the conduct that is the subject of the investigation or prosecution” (28 CFR 45.2). Comey is that person. He was substantially involved in the conversation with President Trump which may be the subject of an obstruction investigation. In fact, the former Director is the
only other person involved. There were no witnesses beyond himself.
A conflict of interest is a situation in which an individual has competing interests or loyalties. Here, it sets up a clash between the special counsel’s self-interest or bias and his professional or public interest in discharging his responsibilities in a fair, objective and impartial manner. His close association with the star witness raises the likelihood of prejudice or favoritism which is anathema to the fair administration of justice.
Mueller has no choice but to disqualify himself. The law affords him no discretion because the recusal is mandatory in its language. It does not say “may” or “can” or “might”. It says the special counsel
“shall” recuse himself in such instances.
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As I pointed out three weeks ago, the relationship between Mueller and Comey is not a casual one. They are well known to be good friends and former colleagues who worked side-by-side at the FBI and Department of Justice handling together several important cases.
Agents quipped they were joined at the hip.
In one memorable case, they stood in solidarity, both threatening to resign over the warrantless wiretapping fiasco involving then-Attorney General John Ashcroft in 2004.
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