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Monday, June 19, 2017

Special prosecutor for Mueller gains momentum

On Thursday, I posted "Appoint a special prosecutor to investigate Mueller" -- a voice in the wind.

Today, Glenn Harland Reynolds -- founder of Instapundit -- carried the idea to the pages of USA Today.


From Reynolds:
Special Counsel Robert Mueller has a problem: He has a disqualifying conflict of interest regarding a large part of his work. It involves a choice between investigating or relying on former FBI director James Comey, a longtime close friend of Mueller’s.
Ideally, he’ll recognize that and resign. But if he doesn’t resign, Attorney General Jeff Sessions should appoint another special counsel to take over the obstruction-of-justice part of the investigation, where Mueller is disqualified.
But Washington is built on conflicts of interest, which is why it is a swamp. The problem is any special prosecutor either will have conflicts of interest, or the Washington Establishment will invent them.

Besides, conflicts of interest are vague.

My argument was the leaks were illegal.

I wrote:
Team Mueller leaked this to the usual anti-Trump papers.
From the Washington Post: "Special counsel is investigating Trump for possible obstruction of justice, officials say."
From the Wall Street Journal: "Mueller Probe Examining Whether Donald Trump Obstructed Justice."
From the New York Times: "Mueller Seeks to Talk to Intelligence Officials, Hinting at Inquiry of Trump."
Such leaks may be prosecutable.
Proving someone leaked is easy. Did you share this secret with anyone outside those who should know? If the answer is yes, it's go to jail time.

But seeing how Reynolds is a law professor, I will defer to him.

The point is all power must be balanced. Mueller needs to have his power checked.

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  1. Like you, Don, I defer to the puppy-blending prof.

  2. The Blogfather has it absolutely 100% correct.

  3. Isn't it odd that Mueller, Comey, and Patrick Fitzgerald are buddies?

    1. Not a surprise at all.

      Speaking of Patrick Fitzgerald: If he was supposed to be looking into who leaked Valerie Plame's name to whats-his-name the columnist, and he knew right off that it was Richard Armitage, wasn't he being fraudulent continuing the "investigation?"

  4. Steve in GreensboroJune 19, 2017 at 5:07 PM

    Won't we need a special prosecutor to investigate the special prosecutor whom we appoint to investigate Mueller?

    As Professor Reynolds often says "it's turtles all the way down".

  5. A question for a new prosecution. Explain to Im a 4 year old how this happens right in front of our noses. Knowing the obvious sensitivity: