I read the transcripts of hearing before Judge Ellis. SC reps seem to be saying that DOJ regs on Special Counsels are not “the law” (not statutes by Congress) but are just department policy or regs. Meaning Mueller is ignoring DOJ guidelines (obviously raiding attorneys office and homes of peaceful folks). Judge is highly educated. He will see this as a denial of Equal Protection and Due Process for citizen Trump, as everyone else gets protection from DOJ restraints and safeguards. Mueller is also gobbling up AG power which Sessions did not recuse himself from. It may be OK with Rod (because he is enjoying this) but Sessions could wake up at any moment ande reel them all in, fire them, etc.
Failure to abide by those, including failure to recuse on conflict of interest, is grounds for dismissal. id. Part (d)
The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.
N.b., for purposes of Mueller's appointment and conduct, Rosenstein is AG. See 28 CFR 600.1(a) for the substitution of DAG for AG.
The judge cannot remove Mueller from his assignment in general. He can, however, rule that Mueller lacks jurisdiction for this case.
-- ... but Sessions could wake up at any moment ande reel them all in, fire them, etc. --
Yes. And he may already have somebody working on a review of the cases to see the correspondence and lack of correspendence between his recusal and what Mueller is handling. He can order cases to be reassigned, except cases that are against the Trump campaign - those he is recused from.
Great catch Shalom.
Princeton for a BS,A doctorate at Harvard, Knox fellowship in the UK and law degree from Oxford!!This guy is simply brilliant yet has enough common sense to see right through someone like Mueller.