How is Robert Mueller Allowed to Be Independent Special Counsel When Special Counsel Statute Specifically Prohibits It Because of Conflict of Interest (VIDEO)
ISN’T THE INDEPENDENT COUNSEL, SUPPOSED TO BE INDEPENDENT?
What would the LEFT be saying today if the individual picked to be the Independent counsel investigating the Russian hacking and any so-called involvement of Donald Trump and obstruction of justice was a friend and mentor of Trump? This is a legitimate question. According to the special counsel statute, it specifically prohibits individuals from serving if he/she has “a personal relationship with any person substantially involved in the investigation or prosecution.” The language is mandatory as it states “shall” disqualify himself. It does not say, might, kinda or sort of. Shall means shall. Gregg Jarrett of Fox News is 100% correct in that Robert Mueller has no business being the independent counsel. Mueller has a complete conflict of interest. The two men and former colleagues have long been friends, allies and partners. One has to wonder how Mueller was selected in the first place. Unless the fix is in.
28 CFR Section 45.2 provides in part:
Disqualification arising from personal or political relationship.
(a) Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with:
(1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or
(2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution …
(c) For the purposes of this section:
(2) Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality. … Whether relationships (including friendships) of an employee to other persons (outside his or her family) or organizations are “personal” must be judged on an individual basis with due regard given to the subjective opinion of the employee.
It does not matter whether Robert Mueller is an honorable man or a Boy Scout. Provisions like this are put in to maintain that there is no appearance of impropriety. It takes the subjectivity out of such an investigation. Honestly, who thinks some one can be objective to the man that fired his friend? If Robert Mueller was truly a man of honor as so many claim, he would understand and admit he is woefully conflicted and recuse himself. The canons of ethics and the law are greater than any one person and the blood lust to destroy them. Or are they?
The Washington Post is reporting that Robert Mueller is now investigating President Trump for obstruction of justice, examining not only the president’s alleged statement to James Comey in their February meeting, but also the firing of the FBI Director.
If true, this development makes the argument even more compelling that Mueller cannot serve as special counsel. He has an egregious conflict of interest.
The special counsel statute specifically prohibits Mueller from serving if he has “a personal relationship with any person substantially involved in the investigation or prosecution.” The language is mandatory. He “shall” disqualify himself. Comey is substantially involved in the case. Indeed, he is the central witness.
The two men and former colleagues have long been friends, allies and partners. Agents have quipped that they were joined at the hip while at the Department of Justice and the FBI. They have a mentor-protégé relationship. The likelihood of prejudice and favoritism is glaring and severe.
So, it is incomprehensible that the man who is a close friend of the star witness against the president… will now determine whether the president committed a prosecutable crime in his dealings with Mueller’s good friend. Mueller cannot possibly be fair in judging the credibility of his friend versus the man who fired him.
Is the special counsel now motivated to retaliate against the president for ending Comey’s career at the FBI? Will he be tempted to conjure criminality where none actually exist?
Even worse, are Mueller and Comey now “colluding” by acting as co-special prosecutors to bring down the president? By meeting in advance of the Senate Intelligence Committee hearing, did they plan Comey’s testimony to depict Trump in the most incriminating light? These are legitimate questions that invite serious concerns.
UPDATE I: USA Today – Robert Mueller should recuse himself from Russia investigation: William G. Otis is an adjunct professor at Georgetown University Law Center, a former federal prosecutor, and former special counsel for President George H.W. Bush.
Former FBI director is too close to his successor, James Comey, to be impartial.
Robert Mueller is a man of integrity with a long record of public service. In the abstract, he would be the right selection as special counsel in the Russia investigation. Under the specific circumstances of this case, however, with his longtime friend James Comey at the center of the inquiry, Mueller’s the wrong choice. The public cannot be as sure as it needs to be of his objectivity.
This is true for reasons similar to those that prompted Attorney General Jeff Sessions to recuse himself from the same investigation. Sessions testified Tuesday that he felt he had no proper choice because he had a potential political conflict of interest, having been a campaign adviser to President Trump. Mueller should likewise step away because he has a potential personal conflict of interest, having been a longtime friend of a crucial witness, Comey, and Comey’s key ally at the most important moment of his career.
Mueller and fired FBI Director James Comey are best buds. Family vacations, picnics, hours spent at the office, and a few cocktails after work. As an impartial arbiter Mueller will be tasked to determine whom he believes, but Muelller is predisposed to believe his friend Comey. Wouldn’t you? The elements of obstruction of justice can be highly interpretive, so expect some legal exposure for our president.
Comey stated that he “leaked” the Trump meeting memo to The New York Times to stimulate the appointment of a special counsel. That admission is enlightening. As the Director of the FBI, Mr. Comey had the authority, stature and responsibility to deal with a violation of law. What he appeared to lack is courage or conviction.
The fact that Comey leaked the memo places him in some legal jeopardy. He could be charged with two federal violations. Should we expect to place Mueller into the position to investigate his dear friend? Even if Mueller believes himself capable of being impartial, our hearts will usually override our minds.
Why Mueller should step down as special counsel or recuse himself from any aspect of the investigation involving Comey:
SESSIONS EXPOSES THE ABSURDITY OF SENATE RUSSIAN PROBE …
Charles Krauthammer is hardly pro-Trump, yet even he stated that Attorney General Jeff Session’s testimony yesterday exposed the absurdity of the Russian probe. Just curious, where was the discussion on the Russian interference? Krauthammer stated this is a case of all smoke and no fire. Krauthammer went on to say that it was becoming Un-American to try and destroy the Trump presidency just because you do not like him and bases on no evidence and no crimes.
THE WITCH HUNT CONTINUES …
Despite no evidence of collusion between Trump and Russia during the 2016 presidential election, the witch hunt continues. Thus, there has been no evidence after months and months and months of investigations, this charade continues. This has nothing to do with finding out the truth, its a political war against President Trump.
Former FBI Director James Comey’s Second Meeting with Obama Attorney General Loretta Lynch was a Frosty Exchange Where He Confronted Her About Political Interference
THIS IS THE SCANDAL THAT SHOULD BE INVESTIGATED, THE OBAMA ADMINISTRATIONS INTERFERENCE IN THE 2016 ELECTION …
As reported at Circa, former FBI director James Comey told members of Congress in closed-door meetings that he confronted former Attorney General Loretta Lynch over her alleged interference in the Hillary Clinton email investigation.According to reports, the meeting got very tense when Comey confronted Lynch about possible political interference in the Hillary Clinton email investigation after showing Lynch a sensitive document she was unaware the FBI possessed. Comey told lawmakers that during the meeting, he confronted Lynch with a highly sensitive piece of evidence, a communication between two political figures that suggested Lynch had agreed to put the kibosh on any prosecution of Clinton. WOW!!! Folks, this would be obstruction of justice. According to the account, Comey said “the attorney general looked at the document then looked up with a steely silence that lasted for some time, then asked him if he had any other business with her and if not that he should leave her office.” It had been previously known that Comey testified that Lynch told him to call the FBI criminal investigation a “matter.”
This is all starting to make sense as the dots are connected and who really committed the real collusion and crimes
Ex-FBI Director James Comey has privately told members of Congress that he had a frosty exchange with Obama Attorney General Loretta Lynch last year when he confronted her about possible political interference in the Hillary Clinton email investigation after showing Lynch a sensitive document she was unaware the FBI possessed, according to sources who were directly briefed on the matter.
During his testimony before the Senate Intelligence Committee last Thursday, Comey alluded to the second exchange after publicly discussing an encounter with Lynch, where she ordered him not to refer to the criminal probe of Clinton’ handling of classified emails not as an “investigation” but rather as a “matter.” He suggested it smacked of political spin rather than the way professional law enforcement officers talk.
“That concerned me because that language tracked the way the campaign was talking about the FBI’s work and that’s concerning,” Comey testified.
Comey told lawmakers in the close door session that he raised his concern with the attorney general that she had created a conflict of interest by meeting with Clinton’s husband, the former President Bill Clinton, on an airport tarmac while the investigation was ongoing.
During the conversation, Comey told lawmakers he confronted Lynch with a highly sensitive piece of evidence, a communication between two political figures that suggested Lynch had agreed to put the kibosh on any prosecution of Clinton.
Comey said “the attorney general looked at the document then looked up with a steely silence that lasted for some time, then asked him if he had any other business with her and if not that he should leave her office,” said one source who was briefed.
Liberal Democrat Senator Diane Feinstein of California has actually called for an investigation into this situation. This is unraveling very fast for Democrats.
ISN’T THIS AMAZING, SOMETHING YOU NEVER SAW DEMOCRATS DUE UNDER OBAMA EVEN THOUGH THERE WAS SCANDAL AFTER SCANDAL AFTER SCANDAL …
After a death by a thousand Democrat, MSM and anti-Trump cuts, Deputy Attorney General Rod Rosenstein has appointed former FBI Director Robert Mueller as the special counsel to investigate the allegations of Russian interference in the 2016 presidential election and so-called rumors of collusion with the Trump campaign. Mueller is considered an impartial and fair choice as he was appointed FBI Director by President George W. Bush in 2001 and served an extra two years past his ten year term during the Obama administration. Rosenstein said in a statement, that his decision to go forth with an Independent counsel was not that there was a finding that crimes have been committed or that any prosecution is warranted, but because of the unique circumstances and the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command. Hmm, something you never heard the politicized DOJ say under Obama.
The United States Department of Justice has announced that a special counsel has been appointed to investigate Russian interference into last year’s presidential election and links or coordination with the campaign of President Donald Trump.
Former FBI Director Robert Mueller was assigned by Deputy Attorney General Rod Rosenstein to “oversee the previously-confirmed FBI investigation of Russian government efforts to influence the 2016 presidential election, and related matters.”
In a statement, Rosenstein said, “My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”
“I accept this responsibility and will discharge it to the best of my ability,” said Mueller in a statement.
Mueller will have 60 days to put together a budget for resources to conduct the investigation and that budget must be approved by Rosenstein. Attorney General Jeff Sessions previously recused himself from all matters related to the presidential campaign.
“Special Counsel Mueller will have all appropriate resources to conduct a thorough and complete investigation, and I am confident that he will follow the facts, apply the law and reach a just result,” said Rosenstein in the statement.
Just curious, will this mean the the LEFT will stop their Trump witch hunt now that they got what they wanted in an independent counsel? Not a chance. But what will Democrats and the LEFT do when the investigation turns up nothing? And say right before an election?