3 Reasons Rod Rosenstein’s Special Counsel Appointment Was Illegal............What should be garnering our attention, though, is not that there is no indication of collusion, but that there is evidence Deputy Attorney General Rod Rosenstein’s appointment of a special counsel violated the Constitution, federal regulations, and his authority as acting attorney general. Let’s take these problems in reverse order..................
Rosenstein Overreached His Authority Big TimeOn March 2, 2017, Attorney General Jeff Sessions issued a statement announcing his recusal “from any existing or future investigations of any matters related in any way to the campaigns for President of the United States.†Sessions’ recusal elevated Rosenstein to acting attorney general with respect to the matters from which Sessions had recused.
A little more than two months later, on May 17, 2017, as acting attorney general, Rosenstein appointed Mueller to serve as a special counsel to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and any matters that arose or may arise directly from the investigation; and any other matters within the scope of 28 C.F.R. § 600.4(a).â€
Section 600.4(a) provides a special counsel the authority “to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.â€....................
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This Special Counsel’s Activities Are Not AuthorizedSecond, in appointing Mueller as a special counsel, Rosenstein apparently ignored governing federal regulations. Those regulations are codified at 28 C.F.R. § 600.1-600.10 and limit the circumstances under which a special counsel may be appointed.Second, in appointing Mueller as a special counsel, Rosenstein apparently ignored governing federal regulations. Those regulations are codified at 28 C.F.R. § 600.1-600.10 and limit the circumstances under which a special counsel may be appointed..................
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Mueller’s Appointment Violates the ConstitutionThere is yet a third problem stemming from Rosenstein’s decision to grant Mueller such sweeping jurisdiction and power: Rosenstein’s appointment of Mueller to serve as a special counsel violates the constitution’s appointments clause................
http://thefederalist.com/2018/05/31/3-reasons-rosensteins-special-counsel-appointment-illegal/