Friday, November 10, 2017

Congressman Matt Gaetz Introduces Resolution Calling for Recusal of Mueller from Special Counsel November 3, 2017 Press Release

Rep. Gaetz said in a statement:

“Evidence has emerged that the FBI withheld information from Congress and from the American people about Russian corruption of American uranium companies. A confidential U.S. witness, working in the Russian nuclear industry, revealed that Russia had deeply compromised an American uranium trucking firm through bribery and financial kickbacks.

Although federal agents possessed this information in 2010, the Department of Justice continued investigating this “matter” for over four years. The FBI, led at the time by Robert Mueller, required the confidential witness to sign a non-disclosure agreement. When the witness attempted to contact Congress and federal courts about the bribery and corruption he saw, he was threatened with legal action. By silencing him, Obama’s Justice Department and Mueller’s FBI knowingly kept Congress in the dark about Russia’s significant and illegal involvement with American uranium companies.

These deeply troubling events took place when Mr. Mueller was the Director of the FBI. As such, his impartiality is hopelessly compromised. He must step down immediately,”

To read more of this Press Release GOTO:

https://gaetz.house.gov/media/press-releases/congressman-matt-gaetz-introduces-resolution-calling-recusal-mueller-special

Also Watch:

House Judiciary Committee Votes to Probe Comey and Clinton

Trump to CEOs: US will no longer be ‘taken advantage of’ on trade - Associated Press November 10, 2017

Trump to CEOs: US will no longer be ‘taken advantage of’ on trade

Sunday, November 5, 2017

Electronic Code of Federal Regulations: §45.2 Disqualification arising from personal or political relationship.

Electronic Code of Federal Regulations

https://www.ecfr.gov/cgi-bin/text-idx?SID=31511e0c7cac93104fd97613d5d077d9&mc=true&node=se28.2.45_12&rgn=div8

e-CFR data is current as of November 2, 2017
Title 28Chapter IPart 45 → §45.2

Title 28: Judicial Administration
PART 45—EMPLOYEE RESPONSIBILITIES


§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]

Saturday, November 4, 2017

Rep. Trent Franks (R-Ariz.) “Until Mueller resigns, he will be in clear violation of the law, ...

Rep. Trent Franks calls on Special Counsel Robert Mueller to Resign

August 1, 2017
Press Release


"Senior Republican member Congressman Trent Franks (R-Ariz.), who sits on the House Judiciary Committee, called upon Robert Mueller to resign as Special Counsel for Russia Investigation, citing violation of the law governing the special counsel (28 CFR 600.7) that prohibits Mueller from serving if he has a “conflict of interest.” As the rule has been interpreted, even the appearance of a conflict is sufficient for qualifying as a violation. The same Code of Federal Regulations defines what constitutes a conflict: “a personal relationship with any person substantially involved in the conduct that is the subject of the investigation or prosecution” (28 CFR 45.2). The same passage’s language is mandatory, saying the employee “shall” disqualify himself – not “may” or “should.” ...


...“Until Mueller resigns, he will be in clear violation of the law, a reality that fundamentally undermines his role as Special Counsel and attending ability to execute the law."

Read the complete Press Release: 
GOTO:
https://franks.house.gov/media-center/press-releases/congressman-trent-franks-calls-special-counsel-robert-mueller-resign 

You May Also want to read a referenced article in my Blog:

Justice Scalia's Finest Opinion: "...But this wolf comes as a wolf."...
A look back at his influential dissent...
http://michaelangelo-raphaelo.blogspot.com/2017/11/scalias-finest-opinion-look-back-at-his.html?spref=tw

Scalia's Finest Opinion: "...But this wolf comes as a wolf."... A look back at his influential dissent on the ­independent counsel law.


By Terry Eastland executive editor at The Weekly Standard: Mar 21, 2016

"The late justice Antonin Scalia thought his best opinion was his dissent in Morrison v. Olson, a case decided on June 29, 1988, when he was finishing just his second term on the Supreme Court. 

At issue was the constitutionality of the independent counsel law, first passed in 1978. 
By a vote of 7-to-1 (Anthony Kennedy recused), with Chief Justice William Rehnquist writing, the Court upheld the statute. 

Only Scalia was in dissent. In 1999, however, Congress declined to reauthorize the law. Scalia’s remarkable opinion influenced that eventual result, demonstrating just how important a single justice can be. "

GoTo Article: http://www.weeklystandard.com/scalias-finest-opinion/article/2001510

Thursday, November 2, 2017

Firing the special prosecutor: The Special Counsel may be disciplined or removed from office...

(Taken from) Special prosecutor: From Wikipedia, the free encyclopedia
 https://en.wikipedia.org/wiki/Special_prosecutor#Since_1999

 
Since the expiration of the independent counsel statute in 1999, there is no federal law governing the appointment of a special prosecutor, as was the case until 1978.

With the law's expiration in 1999, the Justice Department, under Attorney General Janet Reno, promulgated procedural regulations governing the appointment of special counsels.

In 1999, these regulations were used year by Reno to appoint John Danforth special counsel to investigate the FBI's handling of the Waco siege.[16]

In 2003, during the George W. Bush administration, Patrick Fitzgerald was appointed special counsel to investigate the Plame affair by Deputy Attorney General James Comey after the recusal of Attorney General John Ashcroft.

On May 17, 2017, former FBI Director Robert Mueller was appointed special counsel to investigate Russian interference in the 2016 presidential election by Deputy Attorney General Rod Rosenstein after the recusal of Attorney General Jeff Sessions.

 Unlike other appointments, the appointment of Mueller did not specify a criminal investigation for which he was being appointed special counsel.

 (My Questions)
(Was Mueller's appointment in accordance with Department of Justice and/or Attorney General Janet Reno's promulgated procedural regulations governing the appointment of special counsels?)
(too broad of an investigation?) 
(little or no supervision)
(not in accordance with procedural regulations?) 
(is anything else cock-eyed with Muellers appoint?)
(do they make up new procedures as they go along)

The current special counsel regulations specify that:
The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for their removal.

Unlike the independent counsel law, however, the current special counsel regulations were promulgated by the Justice Department and have no underlying statutory basis. Thus their force to constrain the attorney general is uncertain. 


Constitutionality

The appointment of a special prosecutor raises inherent separation of powers questions under the U.S. Constitution. Since the special prosecutor is a member of the executive branch, it has been argued that the special prosecutor is ultimately answerable to the president, and can therefore be fired by them. Richard Nixon, for example, argued that he could not be compelled by a subpoena issued by his own subordinate.

The constitutionality of the independent counsel law was affirmed by a 7–1 decision of the Supreme Court in the case of Morrison v. Olson

The independent counsel law originally enacted in the Ethics in Government Act did not allow independent counsels appointed under the law to be removed except under specific circumstances such as wrongdoing or incapacitation. This law is no longer in effect.

Justice Scalia's dissent

Justice Scalia, the lone dissenter, said that the law should be struck down because
  1. criminal prosecution is an exercise of "purely executive power" and
  2. the law deprived the president of "exclusive control" of that power.
In his opinion, Scalia also predicted how the law might be abused in practice, writing, "I fear the Court has permanently encumbered the Republic with an institution that will do it great harm."
Conservatives[who?] began to share his concern when in 1992, four days before the US presidential election, Lawrence Walsh announced the re-indictment of former defense secretary Caspar Weinberger on charges related to the Iran-Contra affair. Critics[who?] also sensed partisan politics when Walsh's office leaked a note suggesting President Bush had lied about his connections to the affair.
Liberals[who?] also began to share Scalia's concern when independent counsel Kenneth Starr spent $40 million and more than four years investigating President Clinton's land deals and extramarital affairs. Many[who?] believed the investigation was plagued by partisanship.

Scalia's Finest Opinion: A look back at his influential dissent on the ­independent counsel law.


Mueller is Zealously protective of FBI; Wrong 4 job; Needs 2 GO NOW

FBI gave top Clinton aide Cheryl Mills immunity in email probe
http://www.foxnews.com/politics/2016/09/23/fbi-gave-top-clinton-aide-cheryl-mills-immunity-in-email-probe-rep-says.html

 Comey passed out immunity like candy
What stops zealous investigators from
Granting immunity to Deep State Perps and 2 each other
Until all Deep State Perps and Puppets are granted immunity
Too Sad

Robert Mueller is a zealot when it comes to protecting the FBI: Dershowitz
https://youtu.be/zz-0P2-luiw via @YouTube

Mueller provides No evidence on @POTUS
Fishing Expedition?
Deep State Coup on @POTUS?
Mueller is Zealously protective of FBI
Will Mueller pass immunity candy around like Comey did

Mueller Is Wrong 4 job
Needs 2 GO NOW

George Papadopoulos’s Fascinating Link To The Trump Dossier http://dailycaller.com/2017/11/01/george-papadopouloss-fascinating-link-to-the-trump-dossier/?utm_source=site-share via @dailycaller

Papadopoulos's Russiagate, mystery professor Mifsud speaks out:
"Dirt on Hillary Clinton? Nonsense" via

Daily Caller reporting very interesting
What's George Papadopoulos's story
Need more info on Papadopoulos's past
going back to his childhood

Overwhelming Evidence Lays Out The Deep State Coup On @POTUS   
http://michaelangelo-raphaelo.blogspot.com/2017/10/laying-out-deep-state-coup-on-trump.html

Papadopoulos's Russiagate, mystery professor Mifsud speaks out:
"Dirt on Hillary Clinton? Nonsense" via

Trump Campaign Adviser Indicted For Lying To FBI About Russia Contacts
http://dailycaller.com/2017/10/30/trump-campaign-adviser-indicted-for-lying-to-fbi-about-russia-contacts/?utm_source=site-share via @dailycaller

Robert Parry:
Sorting Out the Russia Mess: a closer look reveals serious problems with the “evidence"
https://consortiumnews.com/2017/10/31/sorting-out-the-russia-mess/


Zero Hedge:
13 Shocking Facts About Special Prosecutor Robert Mueller
http://www.zerohedge.com/news/2017-11-02/13-shocking-facts-about-special-prosecutor-robert-mueller