Guest post by Joe Hoft
Last week we stated that the US is now in a constitutional crisis due to the unconstitutional and corrupt Mueller investigation kept in place by corrupt FBI and DOJ Leadership. Former Trump Campaign Manager Paul Manafort may soon be the one to shut it all down.
Mueller’s illegal Trump-Russia investigation continues to take corrupt and unconstitutional actions while criminal activities in Obama’s FBI, DOJ and State Department are ignored. If there is justice, America will soon have a real investigation looking into the Obama and Clinton criminal acts while in office.
Paul Manafort first made arguments in a suit with Robert Mueller, Rod Rosenstein and Jeff Sessions as Head of the DOJ, related to illegalities in the way that Rosenstein set up the Mueller special counsel. Rosenstein’s special counsel order was not based on a crime and unconstitutionally stated that Mueller could basically look at anything he wanted to look at. These provisions are against the law and are now for the courts to settle.
In addition to the above suit, Robert Barnes wrote last week at Law and Crimes that Mueller’s actions not related to the 2016 campaign are outside the scope of Jeff Sessions recusal as AG and therefore unconstitutional –
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.
Sessions limiting Mueller to the 2016 campaign would also be restoring confidence in democratic institutions, and restore public faith that democratically elected officials.
One thing to remember about Sessions’ recusal: Sessions only recused himself from “any existing or future investigations of any matters related in any way to the campaigns for President of the United States.” This recusal letter limits the scope of Sessions’ recusal to the 2016 campaigns; it does not authorize Sessions’ recusal for anything beyond that. Constitutionally, Sessions has a “duty to direct and supervise litigation” conducted by the Department of Justice. Ethically, professionally, and legally, Sessions cannot ignore his supervisory obligations for cases that are not related to the “campaigns for President.”
Late last night Mueller and Rosenstein presented to the courts a rebuttal for Manafort’s latest action – they presented a previously undisclosed memo to a federal court in Washington supposedly addressing Manafort’s argument. The problem is it doesn’t.
The memo is dated August 2, 2017 and is from Rosenstein to Mueller supposedly directing Mueller to look into Manafort actions with a Russian operative perhaps before 2016. This however is clearly outside the scope of Sessions’ recusal as argued by Manafort and doesn’t even address Manafort’s argument that these actions are not for Mueller to take or Rosenstein to order but are Sessions actions alone as AG.