Nothing but a sham and smear job against the president

United States attorneys are principal officers of the federal government and in accordance with the Appointments Clause of the Constitution are nominated by the president and confirmed by the Senate. Five U.S. Code 1211 (b) is the statute which authorizes that only the president can appoint a special counsel.

28 CFR 600.6 is a regulation created by unelected and unaccountable rulemakers at the Department of Justice which authorizes the attorney general, or in event of his recusal, the deputy attorney general, to appoint a special prosecutor who can exercise all investigative and prosecutorial functions of any U.S. attorney within the scope of his jurisdiction. A special prosecutor, one Robert Mueller, was appointed by Deputy Attorney General Rod Rosenstein and was originally supposed to just uncover evidence of President Trump’s alleged collusion with the Russians. Mueller, in fact, went way beyond the original scope of his jurisdiction.

As a result, Mueller and by extension his team of lawyers clearly violated 28 CFR 600.6. Rosenstein violated 28 CFR 600.6 by not reining in Mueller and also violated five U.S. Code 1211(b) by allowing Mueller to exercise all investigative and prosecutorial functions outside of his original jurisdiction.

One of President Trump’s attorneys, Mr. Emmet Flood, wrote to Attorney General Robert Barr that the Mueller report “suffers from an extraordinary defect: It quite deliberately fails to comply with the requirements of governing law.” (See https://www.documentcloud.org/documents/5986068-WHSC-to-AG-4-19-19.html#document/p1 for the entire letter.)

Finally, the attorney general’s recent letter to House and Senate Judiciary committees says in four pages what it took 448 pages for the Mueller report to say which is that there was no Russian collusion and no obstruction of justice (see https://www.vox.com/2019/3/24/18279926/mueller-report-letter-full-text-plain-barr-trump-congress.)

So due to a lack of oversight by Rosenstein and with all of the illegally-delegated power of a U.S. attorney, Mueller and his team of attorneys (most of whom were partisan Democrats to begin with) became hatchet men who concocted a “report” (much of which I’ve read) that was nothing more than a sham and a smear job designed to bring down a legitimately elected president.

CHARLES F. HEIMERDINGER

Edinburg