RE: Wait, so you still think there is no evidence of collusion?

Posted on: March 22, 2018 at 12:51:29 CT

"The regulation, 28 CFR Sec. 600.1, states that the Justice Department may appoint a special counsel when it is “determine[d] that criminal investigation of a person or matter is warranted,” and that the Justice Department’s handling of “that investigation or prosecution of that person or matter” in the normal course “would present a conflict of interest for the Department” (emphasis added).

The regulation does not permit the Justice Department to appoint a special counsel in order to determine whether there is a basis for a criminal investigation. To the contrary, the basis for a criminal investigation must pre-exist the appointment. It is the criminal investigation that triggers the special counsel, not the other way around. Rosenstein, instead, appointed a special counsel and unleashed him to sniff around and see if he could come up with a crime.

It is specious to claim, as Rosenstein does, that his citation of the Russia counterintelligence investigation is a sufficiently definite statement of the scope of the investigation. As we have frequently pointed out, a counterintelligence investigation is not a criminal investigation. There need be no suspicion of crime before a counterintelligence probe is commenced. The purpose of the latter is to collect information about a foreign power, not to investigate a suspected crime. As shown above, however, the need to probe a specific suspected crime is, by regulation, the prerequisite for appointing a special counsel."

Edited by blake1771 at 12:51:46 on 03/22/18