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One of the concerns about the appointment of Robert Mueller as special counsel is that from the get go his investigation has appeared to go far afield of the “Russia collusion” that was the basis for his appointment.
I made this point in an earlier post with regard to the guilty plea of Michael Flynn for lying with regard to post-election transition matters, Why is Robert Mueller even investigating the presidential transition?
Prosecution - Flynn - Mueller - Transition - Scope
It is clear from the prosecution of Flynn that Mueller views the transition as within the scope of Mueller’s investigation, otherwise there would have been no reason for Mueller to prosecute Flynn. The lying took place before Mueller was appointed and did not concern conversations during the Trump campaign. For lying to the FBI when he did, Flynn could have been prosecuted by DOJ itself.
Yet Mueller’s team took it on themselves to prosecute the case involving a crime (lying) that took place after the new administration was sworn in regarding a conversation during the transition. The public documents regarding Flynn’s plea make clear that the transition is in focus….
Authority - Mueller - Power - Strategies - Trump
What authority, however, gives Mueller power to investigate the political strategies of the incoming Trump administration long after the election was over? It does not appear that Mueller has that power under the Order appointing him as Special Counsel.
I then examined the substance of the Order issued by acting Attorney General Rod Rosenstein (after Jeff Sessions recused himself), and concluded that Mueller was exceeding his authority:
Extent - Mueller - Team - Decisions - Strategies
To the extent Mueller’s team is investigating the political decisions and strategies of the incoming Trump administration during the transition period, it amounts to an interference in the post-election political process and is beyond Mueller’s authority.
Paul Manafort has been indicted for matters completely unrelated to and long prior to the election or the supposed “Russia collusion.
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