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3 Reasons Rod Rosenstein’s Special Counsel Appointment Was Illegal
The Federalist ^ | May 31, 2018 | Margot Cleveland

Posted on 05/31/2018 5:32:27 AM PDT by cutty

There is no indication of collusion, but there is evidence Rod Rosenstein’s appointment of a special counsel violated the Constitution, federal regulations, and his authority.

After more than one year investigating claims of collusion between the Trump campaign and Russia, Robert Mueller’s special counsel team has exposed exactly zero evidence of misconduct involving the president in the run-up to the 2016 election. This absence of proof has prompted calls for an end to the special counsel investigation.

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

...

Rosenstein Overreached His Authority Big Time ... Rosenstein did not have the authority to grant Mueller such wide-ranging powers because Sessions only recused as attorney general from the investigation of “matters related in any way to the campaigns for President of the United States.” Yet Rosenstein purported to authorize Mueller to investigate, among other things, “[a]llegations that Paul Manafort [c]ommitted a crime or crimes arising out of payments he received from the Ukrainian government before and during the tenure of President Viktor Yanukovych.”

...

Yanukovych was ousted from office in February of 2014—long before the 2016 run for the White House attracted Trump’s attention. Thus, Rosenstein did not have authority to direct a special counsel investigation of these alleged crimes.

This Special Counsel’s Activities Are Not Authorized.

...

Mueller’s Appointment Violates the Constitution ... 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.

Steven G. Calabresi, a constitutional law professor at Northwestern University Pritzker School of Law

(Excerpt) Read more at thefederalist.com ...


TOPICS: Crime/Corruption; Editorial; Extended News; Foreign Affairs; Government; News/Current Events; Politics/Elections
KEYWORDS: calabresi; carterpage; coup; doj; fbi; georgepapadopoulos; jamescomey; lisabarsoomian; lisapage; michaelcohen; mueller; peterstrzok; robertmueller; rodrosenstein; rosenstein; samclovis; stefanhalper

1 posted on 05/31/2018 5:32:27 AM PDT by cutty
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To: cutty

So what’s going to be done about it?


2 posted on 05/31/2018 5:33:26 AM PDT by Arm_Bears (Hey, Rocky--Watch me pull a rabbit out of my hat!)
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To: Arm_Bears

I’m sure they’re going to quit and return the millions of tax dollars they’ve collected.


3 posted on 05/31/2018 5:40:35 AM PDT by griswold3 (Just another unlicensed nonconformist in am dangerous Liberal world.)
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To: Arm_Bears

Well, if we had an attorney general ...


4 posted on 05/31/2018 5:45:36 AM PDT by AndyJackson
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To: All

A few questions for Special Counsel Mueller.

S/C Investigations normally pursue a crime.

<><> What crime are you investigating?

<><> Your job description centered on Russian collusion, what statute in the US code would you use to prosecute collusion?

<><> Your investigative team is composed of highly partisan supporters of Hillary Clinton? Did you seek out independent, non-partisan lawyers?

<><> Russia expert, Fanny Ohr, wife of demoted DOJ official Bruce Ohr, who worked for Fusion GPS on the Steele dossier acquired a short-wave radio license about that time? Did the FBI monitor any of Ohr’s electronic communications?

<><> 2016 candidate Hillary Clinton as Secy of State, removed boxes of official documents and destroyed more than 30,000 official emails. Did you know about this?

<><> What was the Loretta Lynch and Bill Clinton meeting about, aside from the usual pleasantries?

<><> The FBI sought to identify and discipline the agent who made the Lynch-Clinton meeting public. Is that offiial FBI policy.

<><> Former CIA boss John Brennan is making angry statements about Pres Donald Trump. Would you have hired him at the FBI? If so, in what capacity?

<><> When reporters asked you if the FBI had dropped the ball by failing to act, you said, “No. I think, given the context of the discussions and the situation that the agents and the analysts were looking at, they took appropriate steps.”

<><> Any second thoughts on that?

<><> Given the time and money you have put in, does the the absence of any crime or collusion trouble you?

<><> Are Democrats disappointed in you?

<><> If so, how have they acted against you?

<><> Did you resent it when Cong Schiff who based has his political career on your finding Russian collision called you a little ****?


5 posted on 05/31/2018 5:48:25 AM PDT by Liz ((Our side has 8 trillion bullets;the other side doesn't know which bathroom to use.))
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To: All

what difference does it make. Trump let another chance pass to fire Rosenweasel and now Gowdy has pretty much killed spygate. I’m sick to death of all of it.


6 posted on 05/31/2018 5:56:58 AM PDT by gibsonguy
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To: cutty

Good read. Mannafort, I believe, is taking the advice and going straight at Mueller’s actions as being illegal. Will take awhile, and definitely lots of cash. He opened a legal fund, and I for one, will send a few bucks.

Mueller’s theme always revolves around bankrupting people, so they give up. The few that follow through, win. Because Mueller and his posse really mess up often.


7 posted on 05/31/2018 6:14:04 AM PDT by Basket_of_Deplorables (Donate to Mike Flynn's legal fund: https://mikeflynndefensefund.org/)
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To: cutty

So why haven’t some of the Defendants the Special Prosecutor is chasing and/or the Presidents Attorneys filed a Motion in Federal Court challenging the Constitutionality of this? Why hasn’t someone in the Republican Congress filed something in Federal Court? I have seen several quotes from Smart Attorneys that says it is Unconstitutional, but nobody has challenged it in Federal Court. Why not?


8 posted on 05/31/2018 6:14:31 AM PDT by Old Retired Army Guy
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To: gibsonguy

Gowdy and Rubio are definitely trying to kill spygate, in the public arena. But are failing. See McCarthy’s piece from yesterday. He destroys them. More will do likewise.

Gowdy’s mask is off. Rubio never had one.


9 posted on 05/31/2018 6:16:31 AM PDT by Basket_of_Deplorables (Donate to Mike Flynn's legal fund: https://mikeflynndefensefund.org/)
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To: Old Retired Army Guy

We little people are not supposed to ask our betters “Why?”


10 posted on 05/31/2018 6:18:31 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: wastoute

It’s the rats MO to destroy the AG when there is a republican president. Doing that hides the actions of the previous president and his AG. It also prevents the AG from doing his job.


11 posted on 05/31/2018 6:32:20 AM PDT by EQAndyBuzz (Proud member of the DWN party. (Deplorable Wing Nut))
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To: EQAndyBuzz

Mueller, Rosenstein and the rest -

WHO DO YOU THINK YOU ARE?

enough of this rubbish.


12 posted on 05/31/2018 6:37:54 AM PDT by MAGAthon
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To: Arm_Bears
So what’s going to be done about it?

You just said EVERYTHING in ONE SHORT SENTENCE.

I'm so tired of EVERYBODY being OUTRAGED but not a damn thing happens on behalf of JUSTICE.

13 posted on 05/31/2018 7:26:04 AM PDT by VideoDoctor
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To: cutty

Anything Mueller “finds” is inadmissible as “fruit of the poisonous tree”.


14 posted on 05/31/2018 7:26:52 AM PDT by jazminerose (Adorable Deplorableu)
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To: Liz

Awesome Questions Liz


15 posted on 06/01/2018 1:24:54 PM PDT by CPT Clay
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To: cutty

Some prosecutors seem to get off on indicting and convicting people, whether they deserve it or not is irrelevant, sick.


16 posted on 06/01/2018 10:18:19 PM PDT by Impy (I have no virtue to signal.)
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To: Arm_Bears
So what’s going to be done about it?

I'd love to see Jeff start doing something about this.


17 posted on 08/19/2018 10:00:01 AM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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