Conflict of Interest Surrounds The Election Investigation
Let's start with the Code of Federal Regulations
28 CFR 45.2 - Disqualification arising from personal or political relationship.
§ 45.2 Disqualification arising from personal or political relationship.
(a) Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with:
(1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or
(2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.
(b) An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher. If the supervisor determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:
(1) The relationship will not have the effect of rendering the employee's service less than fully impartial and professional; and
(2) The employee's participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.
(c) For the purposes of this section:
(1)Political relationship means a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof; and
(2)Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality. An employee is presumed to have a personal relationship with his father, mother, brother, sister, child and spouse. Whether relationships (including friendships) of an employee to other persons or organizations are “personal” must be judged on an individual basis with due regard given to the subjective opinion of the employee.
(d) This section pertains to agency management and is not intended to create rights enforceable by private individuals or organizations.
[Order No. 993-83, 48 FR 2319, Jan. 19, 1983. Redesignated at 61 FR 59815, Nov. 25, 1996]
Mueller's role as Special Counsel is tainted by his personal relationship with Comey
Mueller has no legal choice but to disqualify himself. The law does not give him discretion because recusal is mandatory in its language. Note the law does not say may,can, or might; It says the special counsel shall recuse himself in such instances.
Gregg Jarrett: Are Mueller and Comey ‘colluding’ against Trump by acting as co-special counsel?
Mueller considers Comey his protégé.
Perhaps this is why Mueller's legal team is chock full of donators to the Democrat Party, and people who have worked for the Clinton Foundation personally.
- Jeannie Rhee.
In 2015, according to Politico, she performed work for the Clinton Foundation, defending it from FOIA requests related to Hillary Clinton’s private email server.
also represented Clinton herself in a lawsuit seeking access to her private emails
- Andrew Weissmann
Led Enron Taskforce, questionable hiring by Obama’s Justice Department.
FEC Filings: $4,300 to Democrats (DNC and Obama.)
- Aaron Zebley
Zebley once represented former Hillary Clinton aide Justin Cooper, who helped manager her private email server.”
Comey's handling of Clinton's emails due to his service as HSBC's director (not mentioning the long history of "clearing" Clinton associates, just this alone). Remember that HSBC was a direct donator, and as CNN put it, "HSBC became a major backer" to the Clinton Foundation:
FBI Director Comey is a board member of Clinton Foundation connected bank HSBC
Clinton foundation received up to $81m from clients of controversial HSBC bank
The Democrats are bound and determined to start a shooting war; and their voters don't give a damn about rule of law as long as they get to pretend to be "moral" people
I think this may well be a strategic move by the Trump administration. Insofar as there is a conflict of interest that remains unresolved by recusal, any failure by Mueller to provide damning proof of Russian collusion, or obstruction of justice, will be undeniable, by those whose tools Mueller and Comey are, that there is no such proof.
Even after this is proved, the failure to recuse himself can be used to bring down Mueller.
Clearly, I don't swim in the same pool as these fishes. Such facts and uses of them as I present may be without value. I don't know, am not a lawyer, but, frankly, I couldn't care less.
The America people aren't lawyers either. They won't care (or will be outraged instead) that these issues aren't legal means to prosecute. They will know that they matter nonetheless, and will detest the crooks, maybe even more than if the book were thrown at them.
good commentary.
I had been thinking of a post on what I think Trump's long term strategy is, which i think is along the terms you note (Also on things like the judicial subversion of his actions, etc)
the problem is that I don't believe in what I think. I'd like to see Trump go hard after somebody, at least. So it's hard to write what my brains says yes to while my heart says no.
Sadly, I think this is what it will come down to; I will like the result, I'm sure of that, but i don't think I'll like the process
Great post, thanks for updating me about the situation :) !!!