Saturday, April 21, 2018

Illegal Special Counsel?

Trump is tweeting that the Special Counsel is illegitimate because it was brought into being by the illegal leak of classified memos by former FBI Director James Comey:

James Comey illegally leaked classified documents to the press in order to generate a Special Council? Therefore, the Special Council was established based on an illegal act? Really, does everybody know what that means?
Donald J. Trump @realDonaldTrump
 
Though he has the chain of events right, I think his conclusion is weak.  The whole point of a special counsel is to investigate crimes where the DOJ has conflicts.  In fact, that statutes is stronger case for challenging the Special Counsel investigation.
 
Code of Federal Regulations, Title 28, Chapter VI, Part 600, Section 600.1
The Attorney General... will appoint a Special Counsel when he or she determines that a criminal investigation of a person or matter is warranted...
 
What crime was Robert Mueller appointed to investigate?  Collusion?  That makes a great headline but what specific law was broken?  The indictments to date are not related to collusion between Russia and the Trump Campaign and, as such, should have just been handed back to DOJ.  Mannafort lobbied for Ukraine, a country essentially at war with Russia.  His indictments against Russians in Russia for trying to tinker with the US election is just stupid; does he expect Putin to extradite them?  Does anyone think we don't tinker in Russian politics?  If Putin asks, should we extradite our spooks to Russia?  Stupid but it put some numbers on the board, even if pointless.  The whole intent of this investigation - like the Plame Affair during the Bush Administration - is to catch someone lying to the FBI.  Interesting fact: James Comey appointed the Special Counsel in the Plame case even though he knew that Richard Armitage was the source of the leak.  However, Scooter Libby got caught lying to the FBI.  James Comey also sent Martha Stewart to jail for lying to the FBI, not the insider trading that had launched the investigation.  I see a pattern with Comey.
 
Comey is an admitted leaker and, according to recent claims by Andrew McCabe - another fired FBI Director, lied to Congress.  If Martha Stewart went to jail for lying, Comey should get her old cell for lying.  He needs a taste of the 'justice' he has meted out to others. 

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