Opinion Why Robert Mueller should resign as special counsel

00:20  20 may  2017
00:20  20 may  2017 Source:   FOX News

Former FBI Director Mueller to lead Trump-Russia probe

  Former FBI Director Mueller to lead Trump-Russia probe <p>Justice Dept. appoints former FBI head Robert Mueller to oversee probe into Trump-Russian connection in 2016 election.</p>The appointment Wednesday comes amid a growing Democratic outcry for someone outside the Justice Department to handle the politically charged investigation.

Robert Mueller – the Special Counsel – is not a magician or a sorcerer. However I have already said why I doubt that the wording of Comey’s note – if it is true, which I presume it is – comes even close to being the obstruction of justice some say it is.

Deputy Attorney General Rod Rosenstein shook Washington, D.C. with his May 17 appointment of former FBI Director Robert Mueller as Special Counsel to, according to That is why Mueller must investigate the deep state that originated this investigation, which he is now assuming control over.

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  Why Robert Mueller should resign as special counsel © Provided by Fox News

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

The Latest: House Democrats praise Mueller appointment

  The Latest: House Democrats praise Mueller appointment <p>The Latest on the appointment of former FBI Director Robert Mueller as a special counsel to oversee a federal investigation into potential coordination between Russia and the Trump campaign during the 2016 election (all times EDT):</p>Load Error

It is not just the appointment of a special counsel that is cause for relief, but the specific choice of Robert Mueller . Here are four reasons why : 1) Mueller is an intrepid professional.

Should be widely accepted. — Jason Chaffetz (@jasoninthehouse) May 17, 2017. Appointing Robert Mueller as a special counsel is a "great move In 2006, Mueller threatened to resign again, this time amid the corruption investigation of William Jefferson, a Democratic representative from Louisiana.

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Robert Mueller has a serious conflict of interest that should disqualify him from serving as special counsel.

He has had a long and close relationship with someone who will surely become a pivotal witness –James Comey.

No one doubts Mueller’s sterling credentials.  That is not the issue. He is imminently qualified.  The problem arises in his duty to fairly and objectively evaluate the evidence he gathers.

How can Americans have confidence in the results if they know the special counsel may harbor a conspicuous bias?  They cannot.  The conflict inevitably discredits whatever conclusion is reached.  It renders the entire investigatory exercise suspect, and it only elevates the controversy surrounding it.

For this reason, Mueller should not serve as special counsel.

In Robert Mueller, Russia Probe Gets Fresh Blood With Familiar Credentials

  In Robert Mueller, Russia Probe Gets Fresh Blood With Familiar Credentials The U.S. Department of Justice announced on Wednesday that Robert Mueller will serve as special counsel for the investigation of Russia's connection to November's election. Mueller served as FBI Director before the recently-terminated James Comey, and has a long record of public service before that. Mueller is a Marine vet who received Purple Heart after his service in Vietnam. After graduating from law school at the University of Virginia, he worked at the U.S. Attorney’s Offices in Northern California and Massachusetts. He then went back and forth between the public and private sectors, working at Boston law firms as well as the U.S.

Related Article. How Should We Investigate Trump’s Firing of Comey? David Cole. It is not just the appointment of a special counsel that is cause for relief but the specific choice of Robert Mueller . Here are four reasons why : 1) Mueller is an intrepid professional. Famously, he required FBI agents

Why was a special counsel appointed? Robert Mueller , the former director of the FBI, has been named special counsel to oversee the investigation of Russian efforts to influence the 2016 It says only that a special counsel “ shall be provided all appropriate resources by the Department of Justice.”

Conflict Defined

The law governing the special counsel (28 CFR 600.7) specifically prohibits him from serving if he has a conflict of interest in the case.  The rule has been interpreted to mean that even the appearance of a conflict is sufficient for disqualification.

A conflict of interest is a situation in which an individual has competing interests or loyalties.  The conflict itself creates a clash between that individual’s self-interest or bias and his professional or public interest.  It calls into question whether he can discharge his responsibilities in a fair, objective and impartial manner.

Identical rules govern prosecutors who, for example, must recuse themselves from handling a case against a person with whom they have worked or had a personal relationship.  The same would be true if a prosecutor had a close relationship with a witness in the case.  The prior association raises the real or perceived possibility of prejudice or favoritism which is contrary to the fair administration of justice.

Comey "most definitely" wants to testify before Congress: source

  Comey The Senate Intelligence Committee and the House Committee on Oversight and Government Reform have invited Comey to testify about the FBI investigation into Russian meddling and any ties to Mr. Trump's associates, as well as the events surrounding his ouster. Robert Mueller appointed special counselWhat you need to know about appointing special counselOn Wednesday, the Department of Justice appointed former FBI director Robert Mueller to be the special counsel in charge of the Russia investigation.

OPINION | Appointing former FBI Director Robert Mueller as special counsel was a profound and historic Readers should carefully read the article of impeachment of Richard Nixon passed by the House At that point Trump will probably choose to resign and Putingate will end like Watergate did.

The Justice Department tapped former FBI director Robert Mueller to be a special counsel overseeing the Russia investigation, the department announced Wednesday. Mueller will resign from his private firm to avoid any conflicts of interest with firm clients or attorneys, the Justice Department said.

So what exactly is Mueller’s conflict?  He and James Comey are good friends and former colleagues who worked hand-in-hand for years at the FBI.  Agents will tell you they were joined at the hip.  They stood together in solidarity, both threatening to resign over the warrantless wiretapping fiasco involving then-Attorney General John Ashcroft in 2004.

Comey regards his predecessor as a mentor, while Mueller considers Comey his protégé.  When Comey was appointed to succeed Mueller as FBI Director, both men appeared together and were effusive in their praise of one another.  Their relationship is not merely a casual one.  It is precisely the kind of association which ethical rules are designed to guard against.

The Investigation

Pursuant to his appointment, Mueller has been directed to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump.” But that’s not all.  He is empowered to investigate “any related matters”.  Those last three words are important because they allow the special counsel unfettered discretion to expand his probe in almost limitless directions.

Graham: Russia probe seems to be 'criminal investigation'

  Graham: Russia probe seems to be 'criminal investigation' Sen. Lindsey Graham (R-S.C.) said Thursday that the investigation into alleged ties between the Trump campaign and Russia appears to be a criminal investigation. "It seems to me now to be considered a criminal investigation," Graham told reporters.Graham's remarks came shortly after the Senate met with Deputy Attorney General Rod Rosenstein, who appointed former FBI Director Robert Mueller as special counsel on the Russia in vestigation Wednesday.Graham said that the creation of the special counsel will likely hamper congressional probes.

The Justice Department said Mueller has resigned from his job at a private law firm to take the job of special counsel . He says the Justice Department's naming of Robert Mueller late Wednesday as special counsel is consistent with that goal.

Why was a special counsel appointed? Mueller will report to Rosenstein. But the special counsel is supposed to act independently, with some limits. It says only that a special counsel “ shall be provided all appropriate resources by the Department of Justice.”

Mueller’s investigation of alleged campaign collusion with the Russians will inexorably involve President Trump’s former National Security Advisor, Michael Flynn, who was fired after his controversial meeting with the Russian Ambassador to the U.S.  The FBI interviewed Flynn about his meeting and there have been questions raised about Flynn’s other Russian contacts.

This is likely what prompted President Trump’s private meeting in February with then-FBI Director James Comey in which the president is alleged to have asked Comey to end the Flynn investigation.  The words reportedly used by Mr. Trump hardly constitute an attempt to obstruction of justice, but that has not stopped Democrats and the media from declaring it a crime.

So it is clear where all of this is headed.  Mueller’s probe will morph into an investigation of the Trump-Comey meeting to determine whether the president tried to obstruct justice.  It will become a case of “he said…he said”.   Which man will the special counsel believe?  His good friend or the man who fired his good friend?  How can Mueller fairly and impartially assess Comey’s credibility versus Trump’s?

There is also the fairness of the broader investigation to consider.  It is reasonable to assume Mueller was not pleased to see Comey canned.  Any animosity which the special counsel may bear could influence the course of his overall investigation into wrongdoing by President Trump and his associates.  He may be tempted to conjure criminality where none really exists.

Even if Mueller takes pains to avoid partiality, how can anyone be assured he will succeed?  Even impeccably honest people can be subject to influence in ways they don’t even recognize themselves.  It is the human condition.  Which is precisely why there are legal and ethical rules which demand recusal based on prior relationships.

If Robert Mueller truly embraces a fidelity to the law and all its attendant principles of ethics, then he should disqualify himself from serving as Special Counsel.

Anything less threatens to subvert the rule of law and the trust Americans must have in their system of justice.

Special Counsel Robert Mueller is working on operation budget for probe .
Mueller, the former FBI director, was appointed last week to oversee the investigation into Russia's interference in the 2016 electionThe size of the staff has not yet been determined. The money to fund the investigation will come out of the government's "permanent indefinite appropriation" fund which is allocated specifically to pay for all necessary expenses of investigations and prosecutions by independent counsels.

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