Mueller’s Special Investigation is Illegal – Rosenstein Did Not Have Right to Set Up Without Preliminary Investigation First

Guest post by Joe Hoft

As most Americans now know, former US Senator Jeff Sessions was sworn in as US Attorney General under President Donald Trump on Thursday, February 9th, 2017.  Then less than a month later, Sessions recused himself from any investigation into whether the Trump Administration colluded with Russians to swing the US 2016 election.

Next on April 25th, 2017, Rod Rosenstein was confirmed to be deputy attorney general by a vote of 94-6 in the Senate and on April 26th he was sworn in.  Then less than a month later, on May 17th, Rosenstein appointed a special counsel and appointed his old friend from the Federal Bureau of Investigation (FBI), Robert Mueller with the following directive –

The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James S. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:

(i) any links and/or coordination bet ween 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).

We now know from information reported last week, that the FBI had an investigation into the Clintons and moneys they received  from Russia in return for giving Russia 20% of all US uranium.

As reported last week, prior to the Obama administration approving the very controversial deal in 2010 giving Russia 20% of America’s Uranium, the FBI had evidence that Russian nuclear industry officials were involved in bribery, kickbacks, extortion and money laundering in order to benefit Vladimir Putin, says a report by The Hill.

From the report we found out that the investigation was supervised by then-U.S. Attorney Rod Rosenstein, who is now President Trump’s Deputy Attorney General, and then-Assistant FBI Director Andrew McCabe, who is now the deputy FBI director under Trump.  We also know that Robert Mueller was the Head of the FBI at this time and he even hand delivered uranium to Russia on an airport tarmac before the Uranium One deal went through.

Obviously, all of this is very corrupt – the phony special investigation of President Trump, the appointment of Mueller by Rosenstein, the FBI investigation in 2009 that was hidden from Congress, the press and all Americans which involved with real collusion with Russia by the Obama Administration and the Clintons.

Now we find something startling.  It appears that the special investigation created by crooked Rosenstein and his appointed special counsel crooked Robert Mueller is not legal!

According to Cornell Law School’s presentation of the Legal Code – 28 U.S. Code § 592 – Preliminary investigation and application for appointment of an independent counsel states –

(1)Application for appointment of independent counsel.—The Attorney General shall apply to the division of the court for the appointment of an independent counsel if—


the Attorney General, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or


the 90-day period referred to in subsection (a)(1), and any extension granted under subsection (a)(3), have elapsed and the Attorney General has not filed a notification with the division of the court under subsection (b)(1).
In determining under this chapter whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations.
As noted above Rosenstein was in his job less than a month when he set the special counsel up and he did so with no preliminary investigation that was ever stated as part of the reasoning for setting up the investigation.  If Rosenstein did set up the special counsel based on any work from the previous FBI Director Comey, then the investigation is tainted as we also know now that Comey committed crimes for leaking classified information to the press based on his own sworn testimony.

Rosenstein and Mueller’s special investigation is not legal.  It is not based on the law.  It is a fraud.

Update – Comments noted below suggest that a different statute to reference is 28 CFR Part 600 which does not carry the above wording related to preliminary investigations.  However, it does state that that Attorney General or Acting Attorney General has other options than to set up a special prosecutor (such as perform a preliminary investigation).  Also, the special prosecutor is to be “a lawyer with a reputation for integrity and impartial decision making”.  Clearly, something Mueller is not.  Also, another comment notes that Mueller has an unlimited budget, legions of lawyers and a limitless jurisdiction.  All of these items add up to a corrupt investigation being performed by corrupt individuals.


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Jim Hoft is the founder and editor of The Gateway Pundit, one of the top conservative news outlets in America. Jim was awarded the Reed Irvine Accuracy in Media Award in 2013 and is the proud recipient of the Breitbart Award for Excellence in Online Journalism from the Americans for Prosperity Foundation in May 2016. In 2023, The Gateway Pundit received the Most Trusted Print Media Award at the American Liberty Awards.

You can email Jim Hoft here, and read more of Jim Hoft's articles here.


Thanks for sharing!