In an insightful Twitter thread Tuesday, lawyer Robert Barnes explained why he believes Deputy Attorney General Rod Rosenstein usurped the power of his boss, Attorney General Jeff Sessions and ultimately granted special counsel Robert Mueller “secret authorization,” to go after former Trump campaign manager Paul Manafort.
“Thread: Legal analysis on problems w/ Rosenstein’s purported “authorization” of #Mueller to investigate matters outside the time frame & subject matter of the 2016 campaign. Upshot: Rosenstein usurped Sessions’s power & gave secret authorization to Mueller to witch-hunt Manafort,” Barnes begin.
Thread: Legal analysis on problems w/ Rosenstein's purported "authorization" of #Mueller to investigate matters outside the time frame & subject matter of the 2016 campaign. Upshot: Rosenstein usurped Sessions's power & gave secret authorization to Mueller to witch-hunt Manafort. pic.twitter.com/dnAJx45KA9
— Robert Barnes (@barnes_law) April 3, 2018
“Problem 1: Rosenstein was “acting attorney general” only on matters Sessions had recused himself. Sessions only recused himself from DOJ investigations of 2016 campaign. Yet, Rosenstein claimed to authorize Mueller to investigate matters dating back to 2006 & ending before 2016,” Barnes noted.
Problem 1: Rosenstein was "acting attorney general" only on matters Sessions had recused himself. Sessions only recused himself from DOJ investigations of 2016 campaign. Yet, Rosenstein claimed to authorize Mueller to investigate matters dating back to 2006 & ending before 2016.
— Robert Barnes (@barnes_law) April 3, 2018
“Problem 2: Rosenstein’s original authorization of Mueller extended only to matters of “Russia government collusion” in 2016 campaign, not to internal Ukranian politics from 2006 & ended years before 2016 campaign. A special counsel cannot be continually used as a substitute AG.”
Problem 2: Rosenstein's original authorization of Mueller extended only to matters of "Russia government collusion" in 2016 campaign, not to internal Ukranian politics from 2006 & ended years before 2016 campaign. A special counsel cannot be continually used as a substitute AG.
— Robert Barnes (@barnes_law) April 3, 2018
“Problem 3: Rosenstein does not have authorization over tax crimes. Only the Assistant Attorney General in charge of Tax Division can authorize indictments of tax crimes. Rosenstein could not authorize Mueller to look at tax crimes when Rosenstein himself never had that authority,” Barnes pointed out.
Problem 3: Rosenstein does not have authorization over tax crimes. Only the Assistant Attorney General in charge of Tax Division can authorize indictments of tax crimes. Rosenstein could not authorize Mueller to look at tax crimes when Rosenstein himself never had that authority.
— Robert Barnes (@barnes_law) April 3, 2018
“Problem 4: Rosenstein’s letter tells Mueller only to look to Rosenstein for clarification of Mueller’s authorization. Rosenstein is not the Attorney General of the United States, and could not monopolize supervision of Mueller for matters that did not relate to Sessions’ recusal.”
Problem 4: Rosenstein's letter tells Mueller only to look to Rosenstein for clarification of Mueller's authorization. Rosenstein is not the Attorney General of the United States, and could not monopolize supervision of Mueller for matters that did not relate to Sessions' recusal.
— Robert Barnes (@barnes_law) April 3, 2018
“Problem 5: #Rosenstein issuing his expanded #Mueller authorization in secret creates a secret Inquisitor, unelected & un-appointed by elected officials, with all the powers of the federal criminal law enforcement, but none of the democratic checks and balances. Unconstitutional!” Barnes concluded.
Problem 5: #Rosenstein issuing his expanded #Mueller authorization in secret creates a secret Inquisitor, unelected & un-appointed by elected officials, with all the powers of the federal criminal law enforcement, but none of the democratic checks and balances. Unconstitutional!
— Robert Barnes (@barnes_law) April 3, 2018
As The Gateway Pundit previously reported, 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 memo is dated August 2nd, 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 Attorney General.
In January, Manafort filed a civil lawsuit in a D.C. court against Mueller, Rosenstein and the Justice Department, alleging the special counsel went outside of the investigation’s scope.
