Paul Manafort‘s legal team brought a motion to dismiss on Tuesday, noting that Rosenstein could not appoint Mueller to any investigation outside the scope of the 2016 campaign since Sessions did not recuse himself for anything outside the campaign. I agree with this take on Mueller’s authority. If we follow that argument that would mean Sessions himself has exclusive authority to appoint a special counsel for non-collusion charges, and Sessions has taken no such action. Sessions himself should make that clear to Mueller, rather than await court resolution. Doing so would remove three of the four areas of inquiry from Mueller’s requested interview with President Trump.
Sessions formally notifying Mueller that he does not have authority to act outside of campaign-related cases and cases related to obstruction of Mueller’s investigation would be doing what the Constitution compels: enforcing the Appointments Clause of the Constitution. Additionally, Sessions notifying Mueller that he does not have authority to act outside of campaign-related cases would be exercising Sessions’ court-recognized Constitutional obligation to “direct and supervise litigation” conducted by the Department of Justice. Furthermore, Sessions notifying Mueller that he does not have authority to act outside of campaign-related cases protects against the inappropriate use of the federal grand jury that defendant Manafort now rightly complains about.
More here
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
ReplyDeleteGood points.
Many seem to underestimate the AG, IMHO, because he is following the rule of law, and the wheels sometimes move slowly. As was noted later today in another posting many top officials being appointed have yet to be confirmed by the Senate due to obstruction tactics. Firing McCabe because the facts warranted it is indicative of this approach.
The AG still has a number of Obama holdovers in DOJ, as well as a legion of Obama fanboys further down the ranks. Tough to manage the foot draggers and disobedient without loyal staff to bring them to heel.
Guess we'll have to stay tuned.