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For Mueller, a dreaded weakness becomes a strength



Mr. Mueller's original assignment of Mr. Rosenstein was to look into the interference of Russians in the 2016 elections and any ties with Trump campaign officials, with the ambiguous addition of "any issues that may or may have arisen directly from the investigation."

In One Response This week, Mr. Mueller's team insisted that Mr. Manafort's business in Ukraine was relevant to his election campaign for investigating the ties between Russia and the Trump campaign. The team also argued that Mr Manafort had no right to challenge Mr Müller's jurisdiction. (However, there has not been a widespread belief that Mr Mueller abuses the indictment in Ukraine for betraying Mr. Manafort in the context of confessing what he knows about the events of 201

6.)

But members By Mr Müller The team supported these arguments with a striking step: they insisted on their submission to Mr Rosenstein – the acting Prosecutor General for the investigation in Russia, because of the exoneration of Attorney General Jeff Sessions.

While Mr. Rosenstein testifies to this He acknowledges and approves of what Mr. Mueller is doing, the submission went into significant new details, including the disclosure that Mr. Rosenstein wrote a memo on August 2, reflecting the idea that Mr. Mueller's jurisdiction extends to Mr. Manaforts Ukraine bless business.

"The Acting Attorney General appointed the Special Adviser, defined his responsibilities, understood the scope of his investigation and has expressly confirmed that the allegations that resulted from it The basis for the prosecution of Mr Manafort lies within the jurisdiction of Mr Müller, it says in the notification. "Under these circumstances, no serious question of political accountability can be raised."

Mr. Mueller's confident use of Trump Supervisor's control over his investigations as a shield against Mr Manafort's attack was a remarkable moment in the United States History of recurrent tensions over the independence of investigations by senior officials in the executive branch

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Paul Manafort, President Trump's former campaign chairman, arrived in Washington DC on Wednesday, and Mr Manafort appealed last month a federal to reject his accusation.

Credit
Joshua Roberts / Reuters

Following the Watergate scandal, when President Richard M. Nixon forced the Department of Justice to dismiss the prosecutor investigating him, Congress passed a bill authorizing the appointment of an "independent" attorney to a panel appointed by judge and not to a president.

Although the Supreme Court defended the constitutional power of Congress to make this agreement in a 1988 case, both parties saw this as a bad idea. In 1999, when the statute of the independent consultant expired, the legislature did not renew it.

As a substitute, the Ministry of Justice issued a decree authorizing the appointment of a special adviser from outside the government, which, however, remains in control of the independence of the Parliament. Englisch: emagazine.credit-suisse.com/app/art … = 263 & lang = en reserved for the Attorney-General, who may appeal against decisions such as the indictment or the extension of jurisdiction. At the same time, it limited the powers of the Attorney General to dismiss a special lawyer in cases of misconduct.

However, this rule has rarely been applied. The most prominent case that occurred during the reign of George W. Bush – the appointment of Patrick J. Fitzgerald in 2003 to find out who identified the identity of Valerie Plame Wilson, a C.I.A. officially bypassed – bypassed his proposed arrangement.

Mr. Fitzgerald, then a US attorney in Chicago, was appointed Special Adviser by James B. Comey, Deputy Attorney General, after Attorney General John Ashcroft had recovered from the investigation. Mr. Comey also delegated his supervisory powers as acting Attorney General to Mr. Fitzgerald, which allowed the Prosecutor to make significant investigative steps "independently of the supervision or control of an officer of the Division".

By contrast, according to Mr. Trump, Mr. Comey fired in May from his next job as FBI director and Mr. Rosenstein appointed Mr. Müller special advisor, Mr. Rosenstein invoked the regulation – that is, he kept supervision.

At that time, some Democrats welcomed this arrangement with suspicion. They feared that Mr. Rosenstein, a Trump agent who had supported Mr. Trump's dismissal of Mr. Comey by writing a memo criticizing Mr. Comey's handling of the Hillary Clinton email investigation, said. Mr. Mueller kept on a leash] During a June hearing, Senator Kamala Harris, Democrat of California, Mr. Rosenstein, urged instead to create a more independent special adviser who could monitor himself, like Mr. Fitzgerald.

"Are you ready to act as done? Have you ever finished?" She demanded.

Mr. Rosenstein demanded. Although he noted that Mr. Bush could have dismissed Mr. Fitzgerald for some reason, so Mueller granted more protection under the scheme, he also said that there were other complicated legal issues that led him to his decision. (One of the difficulties was perhaps that at the time of his appointment Mr Müller was not a current member of the Ministry of Justice, unlike Mr Fitzgerald in 2003, so that Mr Mueller most likely could not have been delegated as Attorney General (Katyal). 19659020] The fears of that time make it all the more remarkable that, ten months later, Mr. Miller's team emphasizes his submission to Mr. Rosenstein to ward off Mr. Manafort's attack.

Still, several specialists warned that Mr. Müller's submission could return to weakness if Mr. Trump fired Mr. Sessions or Mr. Rosenstein and someone else was in charge of the Special Adviser.

Julie O & # 39; Sullivan, a law professor at Georgetown University and a former federal prosecutor, was worried about how long the filing of the submissions assessed Mr. Rosenstein's approval of Mr. Miller's actions.

"Mueller's lack of independence was seen as a real problem, but now it's an answer to any attack on the prosecution," she said. "But I wonder if he did not put Rosenstein in additional danger."

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