On May 17, 2017, Deputy Attorney General Rod J. Rosenstein-then serving as Acting Attorney General for the Russia investigation following the recusal of former Attorney General Jeff Sessions on March 2, 2016-appointed the Special Counsel "to investigate Russian interference with the 2016 presidential election and related matters." Office of the Deputy Att'y Gen., Order No. 3915-2017, Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters, May 17, 2017) ("Appointment Order"). Relying on "the authority vested" in the Acting Attorney General, "including 28 U.S.C. §§ 509, 510, and 515," (this is the law allowing the investigation that has been cited before) the Acting Attorney General ordered the appointment of a Special Counsel "in order to discharge [the Acting Attorney General's] responsibility to provide supervision and management of the Department of Justice, and to ensure a full and thorough investigation of the Russian government's efforts to interfere in the 2016 presidential election." Appointment Order (introduction). "The Special Counsel," the Order stated, "is authorized to conduct the investigation confirmed by then-FBI Director James B. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017," including:
This paragraph simply states the obvious. The Special Counsel was established to investigate Russian cyber warfare of the 2016 sovereign elections when the Assistant Attorney General had to also carry out other duties.
(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and
(ii) any matters that arose or may arise directly from the investigation; and
(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).
(a)Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include 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; and to conduct appeals arising out of the matter being investigated and/or prosecuted.
In this case, Attorney General Sessions recused himself and he was correct in doing so. That is why the jurisdiction then fell to Assistant AG Rosenstein.
The Special Counsel conducted all those jurisdictions, including Obstruction of Justice. That aspect of the law is probably is the most important aspect of any investigation, regardless of the topic of the investigation. As an illustration, what if the laws punishing obstruction did not exist? What would happen with murder? What would happen to stealing? What would happen with child abduction?
The idea a USA citizen could get away with any type of obstruction that limits an investigation is outrageous. When people obstruct justice it has to be met with charges of lawlessness. It is the basis of our laws. If the USA does not respect an investigation into facts regarding lawlessness, why bother with the Rule of Law? Where would that put the USA on the spectrum of the definition of democracy?
Obstruction of Justice must be met with criminal charges. It is obvious.
Appointment Order ,r (b). Section 600.4 affords the 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." 28 C.F.R. § 600.4(a). The authority to investigate "any matters that arose . .. directly from the investigation," Appointment Order ,r (b)(ii), covers similar crimes that may have occurred during the course of the FBI's confirmed investigation before the Special Counsel's appointment. "If the Special Counsel believes it is necessary and appropriate," the Order further provided, "the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters." Id. ,r ( c ). Finally, the Acting Attorney General made applicable "Sections 600.4 through 600.10 of Title 28 of the Code of Federal Regulations." Id. ,r (d).
The Special Counsel has a great deal of authority. The DOJ cannot interfere with the Special Counsel. If the DOJ attempts to interfere in the investigation and it's proceedings, the USA Congress is provided the information regarding the facts. That is what makes the lack of cooperation by Barr so ridiculous. The USA Congress is the backstop to the corruption of the investigation. Of course, it is obvious within the law itself that the USA Congress has the right to information from the investigation. Any statement otherwise is manipulation of the law.
The code cited is that of the same previous citation.
The Acting Attorney General further clarified the scope of the Special Counsel's investigatory authority in two subsequent memoranda. A memorandum dated August 2, 2017, explained that the Appointment Order had been "worded categorically in order to permit its public release without confirming specific investigations involving specific individuals." It then confirmed that the Special Counsel had been authorized since his appointment to investigate allegations that three Trump campaign officials-Carter Page, Paul Manafort, and George Papadopoulos- "committed a crime or crimes by colluding with Russian government officials with respect to the Russian government's efforts to interfere with the 2016 presidential election." The memorandum also confirmed the Special Counsel's authority to investigate certain other matters, including two additional sets of allegations involving Manafort (crimes arising from payments he received from the Ukrainian government and crimes arising from his receipt of loans from a bank whose CEO was then seeking a position in the Trump Administration); allegations that Papadopoulos committed a crime or crimes by acting as an unregistered agent of the Israeli government; and four sets of allegations involving Michael Flynn, the former National Security Advisor to President Trump.
This is the paragraph that Nunes points as to evidence of the Steele Dossier. Really? It is thinly veiled there? Hm. In the first highlighted sentence in this paragraph, it appears to me that is about releasing the information to the public.
"worded categorically in order to permit its public release without confirming specific investigations involving specific individuals."
It makes me wonder why all the hubbub about Congress' insistence on release of the documents. I don't think of the Steele Dossier is evident in the memo of August 27, 2017 at that point. It makes me realize what a criminal Barr actually is though.
three Trump campaign officials-Carter Page, Paul Manafort, and George Papadopoulos-
As a matter of fact, the names in this paragraph states nothing about Steele or a dossier.
I also see the name of Ukraine here, in that crimes by Manafort were committed there. He received monies from Ukraine. It wasn't the monies or the payment that is questioned, so much as THE CRIMES THAT AROSE from the monies paid. So, Ukraine did nothing wrong in paying Manafort for whatever reason they felt it was due, but, it was after Manafort had the monies that the crimes occurred.
Where is this mysterious reference on Page 11 to the Steele Dossier? It doesn't exist. I think Nunes found the wording in the Special Counsel report that could be manipulated for a descent against this investigation playing to the paranoid Republican of THE DEEP STATE. Nowhere here that I see is there a mention that the investigation is based on the Steele Dossier, hence in bias to Hillary Clinton. Nunes needs to be investigated for altering the meaning of a report from the Special Counsel.
"When you look at what happened today, (click here) remember we talked a lot about the scope memo. What were the directions given to the special counsel? Well, we now know hidden on page 11, very thinly, still veiled, but we now know they used the Steele dossier, the Clinton dirt, the Clinton-paid-for dirt as part of the memo for the special counsel that directed the special counsel what to do," Nunes told host Sean Hannity.
THERE IS NO DEEP STATE. There is "Deep Fake" which comes from other sources than law enforcement, but, no DEEP STATE. The Deep State is a manipulation of fear by some Americans. Nunes is lying to people.
In mentioning these memos the Special Counsel is attempting to remain above reproach. The Special Counsel is openly stating besides the law affording the Special Counsel its authority, there were other memos providing additional authority. This is a way to state there were other interactions between the Assistant Attorney General and the Special Counsel. In disclosing these memos the Special Counsel is not stumbling over anything to attempt to hide it, quite the contrary. The entire disclosure of these interactions raises the report above suspicion. The Special Counsel wanted full disclosure to ensure the brevity of the report. He didn't want surprises to those that are to trust this report. Surprises might cast concern whether or not there was a concern to be leveraged.
Robert Mueller knows his country. He knows how suspicion can take hold and escalate concern. I can easily say, Robert Mueller, is a very wise man that puts his country before any potential to undermine it. That is a very unique characteristic and why he was perfect for this investigation. He would never compromise the country. Never.
On October 20, 2017, the Acting Attorney General confirmed in a memorandum the Special Counsel's investigative authority as to several individuals and entities. First, "as part of a full and thorough investigation of the Russian government's efforts to interfere in the 2016 presidential election," the Special Counsel was authorized to investigate "the pertinent activities of Michael Cohen, Richard Gates, , Roger Stone, and I"
That is a fascinating statement. "...and I." That means if an investigation should lead to corruption of the Assistant Attorney General and any potential corruption to the investigation, it was the authority of the Special Counsel to act to end that corruption. In other words, if Rosenstein fell into conflict with the best outcomes of the investigation, he would be subject to the authority of the Special Counsel as well. I am sure that then fell to Barr, if he tried to interfere with the investigation as well.
That brings me to a point whereby Robert Mueller wrote to Barr to release at least the Introduction and Executive Summary of each volume. There were memos that demanded public disclosure. Robert Mueller already composed parts of the report to release to the public. Barr had no authority to stand in the way. Barr's lack of authority to withhold the report from the public is what prompted him to release the entire report even though Mueller did not specify that in his 2 page letter to Barr. Interesting. Barr knew he was in violation.
Add to that his Contempt of Congress and Barr's intent in his office becomes curious.
"Confirmation of the authorization to investigate such individuals," the memorandum stressed, "does not suggest that the Special Counsel has made a determination that any of them has committed a crime."
The memo to the Special Counsel was not to instruct him to file charges if there was no basis for those charges. So, Rosenstein in his instructions to the Special Counsel wanted to draw attention to people he knew to be of concern to the investigation.
In other words, "Hey, Bob, be sure you take a look at these folks but you may find there is nothing wrong and that is okay."
Second, with respect to Michael Cohen, the memorandum recognized the Special Counsel's authority to investigate " leads relate[d] to Cohen' s establishment and use of Essential Consultants LLC to, inter alia (inter alia - among other things), receive funds from Russian-backed entities."
That has to be a great feeling. "among other things," Bob there may be the fact Cohen took some Russian money, too. It isn't as though there isn't a lot to be done, but, then "inter alia" there is more to do. I guess at that point, that becomes an assignment to one of his staff specializing in bank fraud, etc.
Third, the memorandum memorialized the Special Counsel's authority to investigate individuals and entities who were possibly engaged in "jointly undertaken activity" with existing subjects of the investigation, including Paul Manafort.
Manafort was definitely a person of interest. I don't blame them. His activities with Ukraine and Russia had to bring a lot of concern. Almost an ownership of the exploits by Russia to dismantle Ukraine's military and government and replace it with a basically dictator and oligarch militias. How could the USA let a USA citizen carry out such acts against democracy for the purpose of wealth?
Finally, the memorandum described an FBI investigation opened before the Special Counsel's appointment into "allegations that [then-Attorney General Jeff Sessions] made false statements to the United States Senate[,]" and confirmed the Special Counsel's authority to investigate that matter.
The above paragraph speaks for itself. The paragraph below begins the formulation of the investigation by the Special Counsel. The Special Counsel above stated the authority granted, but, the following paragraph is a description of the thinking that formulated the application of the authority. It was Robert Mueller's thinking. He took control of the investigation and this is how he rolled it out to his investigators.
It is important to realize the level of competency that exists with Robert Mueller. No one was telling him how to conduct the investigation, just that he had to conduct it. A Former Director of the FBI would know how to roll out an investigation of this magnitude. The authority was in excellent hands.
The Special Counsel structured the investigation in view of his power and authority "to exercise all investigative and prosecutorial functions of any United States Attorney." 28 C.F.R: § 600.6.
The Special Counsel knew the law. This was child's play for him.
§ 600.6 Powers and authority.
Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities.
He modeled the investigation in the way a US Attorney would carry out an investigation. The Special Counsel was not a US Attorney, nor had the capacity of a US Attorney, but, the way a US Attorney would access classified and unclassified information would be the same in methodology. It certainly would be a methodology of which he was very familiar.
Said differently, the Special Counsel did not embark on untested methods of information access or investigation. He used tried and true methods of investigation that would carry brevity in a court of law.
He did a really good job. He thought about everything.
Like a U.S. Attorney's Office, the Special Counsel's Office considered a range of
classified and unclassified information available to the FBI in the course of the Office's Russia
investigation, and the Office structured that work around evidence for possible use in prosecutions
of federal crimes (assuming that one or more crimes were identified that warranted prosecution).
There was substantial evidence immediately available to the Special Counsel at the inception of
the investigation in May 2017 because the FBI had, by that time, already investigated Russian
election interference for nearly 10 months.He modeled the investigation in the way a US Attorney would carry out an investigation. The Special Counsel was not a US Attorney, nor had the capacity of a US Attorney, but, the way a US Attorney would access classified and unclassified information would be the same in methodology. It certainly would be a methodology of which he was very familiar.
Said differently, the Special Counsel did not embark on untested methods of information access or investigation. He used tried and true methods of investigation that would carry brevity in a court of law.
He did a really good job. He thought about everything.
Interesting. The Special Counsel found the information already accumulated in an investigation by the FBI valuable. He didn't throw away 10 months of competent work by the FBI under Comey. I sure he read every word.
The Special Counsel's Office exercised its judgment regarding what to investigate and did not, for instance, investigate every public report of a contact between the Trump Campaign and Russian-affiliated individuals and entities.
The Special Counsel was not going to waste valuable time and money chasing every potential lead. What does that mean? It means the investigation carries brevity. The Special Counsel knew what was litigable and what was important for the sovereign state of the USA and that is where his focus would lie. He WASN'T INTERESTED IN A WITCH HUNT!
The Office has concluded its investigation into links and coordination between the Russian government and individuals associated with the Trump Campaign. Certain proceedings associated with the Office's work remain ongoing. After consultation with the Office of the Deputy Attorney General, the Office has transferred responsibility for those remaining issues to other components of the Department of Justice and FBI. Appendix D lists those transfers.
The word "individuals" is important to note.
Two district courts confirmed the breadth of the Special Counsel's authority to investigate Russia election interference and links and/or coordination with the Trump Campaign.
See UnitedStates v. Manafort, 312 F. Supp. 3d 60, 79-83 (D.D.C. 2018) (click here); United States v. Manafort, 321 F. Supp. 3d 640, 650-655 (E.D. Va. 2018). In the course of conducting that investigation, the Office periodically identified evidence of potential criminal activity that was outside the scope of the Special Counsel's authority established by the Acting Attorney General. After consultation with the Office of the Deputy Attorney General, the Office referred that evidence to appropriate law enforcement authorities, principally other components of the Department of Justice and to the FBI. Appendix D summarizes those referrals.
The Special Counsel did not ignore information to law enforcement simply because it did not fall within his authority. He reported any of that information to the Assistant Attorney General and reports were provided to other agencies to carry out the investigations that fell outside the Special Counsel authority.
Thank you for your interest.
