https://threadreaderapp.com/thread/981257926475112448.html

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Thread: Legal analysis on problems w/ Rosenstein's purported "authorization" of #Mueller to investigate matters outside the time frame & subject matter of the 2016 campaign. Upshot: Rosenstein usurped Sessions's power & gave secret authorization to Mueller to witch-hunt Manafort.

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(see Rosenstein's letter to Mueller posted on previous page, Page 239)

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Problem 1: Rosenstein was "acting attorney general" only on matters Sessions had recused himself. Sessions only recused himself from DOJ investigations of 2016 campaign. Yet, Rosenstein claimed to authorize Mueller to investigate matters dating back to 2006 & ending before 2016.

Problem 2: Rosenstein's original authorization of Mueller extended only to matters of "Russia government collusion" in 2016 campaign, not to internal Ukranian politics from 2006 & ended years before 2016 campaign. A special counsel cannot be continually used as a substitute AG.

Problem 3: Rosenstein does not have authorization over tax crimes. Only the Assistant Attorney General in charge of Tax Division can authorize indictments of tax crimes. Rosenstein could not authorize Mueller to look at tax crimes when Rosenstein himself never had that authority.

Problem 4: Rosenstein's letter tells Mueller only to look to Rosenstein for clarification of Mueller's authorization. Rosenstein is not the Attorney General of the United States, and could not monopolize supervision of Mueller for matters that did not relate to Sessions' recusal.

Problem 5: #Rosenstein issuing his expanded #Mueller authorization in secret creates a secret Inquisitor, unelected & un-appointed by elected officials, with all the powers of the federal criminal law enforcement, but none of the democratic checks and balances. Unconstitutional!

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Per Robert Barnes, high profile lawyer, it sounds like Rosenstein/Mueller have a legal problem. I am thinking Manafort's case likely is going to be thrown out.

Rapier108 said:

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https://theconservativetreehouse.com/2018/04/03/concerns-with-fraudulent-justice-department-fisa-application-highlighted-by-new-page-strzok-text-messages/#more-147682

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Here's where Sara Carter gets "BOMBSHELL" sideways:

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In the text message, Strzok complains that Laufman told him the hold-up for the application "EDVA is/was the delay." The EDVA is the Eastern District of Virginia, a court that had issued several FISAs in the early days of the investigation, congressional investigators said. (read more)

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There is no Eastern District of Virginia (EDVA) within the FISA Court (See Here). I believe Sara Carter, and her congressional sources, are misinterpreting the text message; and/or Carter's congressional sources are manipulating the messenger (more likely).

The slowdown from the "EDVA" does not pertain to a court. The slowdown text message "EDVA", as outlined, pertains to a person, Dana Boente.

Dana Boente was the US attorney for the Eastern District of Virginia. Dana Boente was likely not ok with the entire sketchy presentation of the underlying evidence, the Clinton-Steele Dossier, assembled by Strzok and crew for the FISA application; and, in hindsight, Boente had every reason to be concerned about it.

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TCTH thinks Sara Carter has misinterpreted "EDVA". See the above & read the entire article for more on Boente.

I started a new thread on another storm brewing possibly on the Awan family and lots of IT issues, and now cell hacking going on in DC. These people have a heck f a mess on their hands. They can't hide their dirty laundry.

Didn't want to clutter this one up with it, this Mueller thing is going to blow wide open I have a real feeling, Rosenstein and Mueller are on thin ice.

https://texags.com/forums/16/topics/2943613/replies/51534471

Aaaah! Thought it was something weird like that. Using an abbreviation for a former position instead of the name.

The process for a FISA application was just not jiving with what she was saying.

Thanks.

(In the middle of a severe thunderstorm. Power keeps going out. Modem don't workee when that happens.)

I just post it here since I'm no lawyer and figure the legal minds on this thread can decipher the stuff far better than I ever could.

https://www.washingtonexaminer.com/opinion/columnists/byron-york-on-the-trump-russia-investigation-and-the-rule-of-law

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Byron York: On the Trump-Russia investigation and the rule of law

......With the Logan Act, Obama holdovers used a dead law as a pretense to push the Trump investigation. With the dossier, they used unverified opposition research not only to investigate the Trump campaign but to execute a clever maneuver to make the dirt public.

And this was all done by the nation's top law enforcement and intelligence officials, targeting a new president. So yes, it is reasonable to say the Trump-Russia investigation endangers the rule of law.

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Byron York's latest. Good perspective on what transpired.

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Byron York's latest. Good perspective on what transpired.

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He left out one thing. Most of that activity was in direct violation of the Hatch Act.

aggiehawg said:

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Rapier108 said:

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Looks like Rosenstein is pretty much authorizing Mueller to do whatever he wants.

http://www.foxnews.com/politics/2018/04/03/rosenstein-memo-on-mueller-gives-ok-to-probe-manafort-russia-collusion.html

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Timing. Rosenstein gives a letter authorizing Mueller to go after Manafort's activities in the Ukraine after the pre-dawn, no-knock raid in July 2017.

That's a CYA.

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https://www.washingtonpost.com/politics/fbi-conducted-predawn-raid-of-former-trump-campaign-chairman-manaforts-home/2017/08/09/5879fa9c-7c45-11e7-9d08-b79f191668ed_story.html

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FBI conducted predawn raid of former Trump campaign chairman Manafort's home

...FBI agents raided the home in Alexandria, Va., of President Trump's former campaign chairman, arriving in the pre-dawn hours late last month and seizing documents and other materials related to the special counsel investigation of Russian meddling in the 2016 election.

The raid, which occurred without warning on July 26, signaled an aggressive new approach by special counsel Robert S. Mueller III and his team in dealing with a key figure in the Russia inquiry....

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Yup. Rosenstein's letter to Mueller was dated August 2, 2017.
There is another key date in this time frame as well: July 27, 2017 was the date Horowitz notified Mueller about the damaging text messages between Strzok & Page. TCTH just issued a preliminary tweet notice that he is composing something related to this latter date & Rosenstein's letter.

Looks like Rosenstein's CYA letter is making the news.

And Mueller's criminal enterprise just happens to leak that Trump is not a criminal target for NOW but he better watch out and not obstruct.

All to distract from this I suspect.

Hawg, when is Rosenstein going to be shown the door?

This is outrageous. Surely Sessions has to take action.

garc said:

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Hawg, when is Rosenstein going to be shown the door?

This is outrageous. Surely Sessions has to take action.

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As long as Rosenstein is employed by DOJ, I assume Horowitz has access to everything he does/says. Keep enemies closer kind of thing. Until they have an ironclad case, no need to rock the boat. Mueller hasn't really accomplished anything of note.

My two cents.

Deputy Attorney General Rod Rosenstein names new acting deputy

https://www.cbsnews.com/news/rod-rosenstein-names-new-deputy-edward-ocallaghan/

jjeffers1 said:

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garc said:

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Hawg, when is Rosenstein going to be shown the door?

This is outrageous. Surely Sessions has to take action.

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As long as Rosenstein is employed by DOJ, I assume Horowitz has access to everything he does/says. Keep enemies closer kind of thing. Until they have an ironclad case, no need to rock the boat. Mueller hasn't really accomplished anything of note.

My two cents.

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I actually think Mueller playing that Rosenstein jurisdiction card in the Manafort case was a surprise to Rosenstein. Or he's so far into his own bubble he couldn't see the implications of it.

Honestly? I think Rosenstein is a wimp who was promoted because he's a brown noser with discerning tastes, knows whose ass to target for his own gain. But his wagon is tied to Mueller's now. He can no longer claim he had no knowledge nor control over Mueller's (potentially) unethical and illegal actions. He and Mueller might as well be conjoined twins.

aggiehawg said:

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drcrinum said:

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Looks like Rosenstein's CYA letter is making the news.

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Damn, I'm good at this, prescient even.

This alone moves Rosenstein into the "blackhat" category.

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https://threadreaderapp.com/thread/979429279833509890.html

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3/29/2018: Manafort has filed a motion to compel the Special Counsel to produce unredacted search and seizure warrant affidavits.

Read it here: document.li/7se9

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I posted the above threadreader several days ago. It covers the motion by Manafort for the unredacted search & seizure warrant affidavits filed on March 29. Methinks Mueller has really opened a can of worms by releasing the Rosenstein Memo authorizing him to investigate Manafort's Ukraine history. How is Mueller now going to explain refusing to provide unredacted search warrant affidavits? Interesting how this Memo revelation comes in conjunction with the issue of redacted search warrant affidavits.

It's almost appearing like they (Rosenstein and Mueller) think the fear of the political fallout is so big, that they are purposely pushing the envelope thinking they are never going to be fired by POTUS. Seriously how brazen is it to release the memo knowing it's dated a week after the raid, and kept it secret all this time, until the media started heating up on the Mueller getting so outside the scope of the election, and the mere fact that Rosenstein appointed a special counsel with no crime to base it on, and the premise based on the possibility of "collusion" which isn't a crime to begin with.

Pushing the envelope that they can make POTUS snap and fire one or both of them and then the obstruction narrative gets a new life. All this drivel Mueller has come up with thus far is nothing. They acted like this sentencing of this idiot lawyer from the UK is some sort of milestone. He basically got railroaded because he married a russian oligarch's daughter. This is all so far outside the lines it's absurd.

The IG report needs to drop now. Like yesterday. Mueller is wasting time and untold taxpayer dollars on a witch hunt.

The Rosenstein Memo - by Andrew McCarthy

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"Deputy Attorney General Rosenstein is to be commended for attempting to rectify the deficiencies in his original special-counsel appointment order by issuing a memo that amplifies Special Counsel Robert Mueller's jurisdiction to conduct criminal investigations. Rosenstein's explanation for the timing of the memo (ten weeks after the appointment order) is not very convincing, and the extensively redacted form in which it has been released means the memo raises more questions than it answers. Suffice it to say, we remain uninformed regarding the government's basis for alleging that "collusion" with Russia resulted in potential crimes warranting investigation; and we still do not know if the Justice Department alleges that President Trump is a criminal suspect and, if so, in what crime."

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As usual, McCarthy's reads are long, fact based, and informative.

garc said:

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Hawg, when is Rosenstein going to be shown the door?

This is outrageous. Surely Sessions has to take action.

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Rosenstein can only be shown the door by Trump

And that may be exactly what they want.

Leave Rosenstein to twist in the wind. The wind speed will probably increase substantially when the IG report is issued and as the Republican Congressional Committees get more and more documents from DOJ/FBI through issuing Subpoenas !

The top of the DOJ is still out of control and working on a paradigm of "ends justifies the means".

Just read speculation that the IG report will come out timed to Comey's book release, which is in two weeks.

Seems a bit silly to time it that way but I hope it's true and we finally get at least some portion of the report released.

Is JC going to play the victim like AM's wife? He is such a little ***** it wouldn't shock me.

"going to"?

He already has been.


And calling him "JC" is a bit odd

I hate typing Comey on my phone because it always autocorrects to Comet and I was being lazy.

I was more wondering if in his book would he play the victim.

https://theconservativetreehouse.com/2018/04/04/august-2nd-2017-doj-letter-from-rod-rosenstein-to-special-counsel-mueller-outlining-investigative-authorization/

The latest from TCTH. Interesting. Long read.

After reading the above article, I am beginning to formulate thoughts along the lines that Mueller & Rosenstein are 'shape shifters'. By that I mean when both were brought aboard this Russian Collusion ship, they were 'black hats' posing as neutrals. At that time both actually had bought into this Trump-Russia collusion narrative, with one (Rosenstein) actually having played a minor role in its creation. However, by the time of the revelation of the Strzok/Page text release in July, it had not only become clear to both that there was no Trump-Russian collusion, but there was a plot by the FBI/DOJ to bring down the Presidency which was fixing to be exposed publicly. So at that point, it became necessary to CYA...make certain that the investigation did not lead back to either of them...limit the scope, avoid Uranium One, indict a few low hanging fruit, and quietly close it down. Then when Trump was vindicated and the investigation closed, both would appear as 'white hats' (except to HRC & fans).

Dershowitz is on FNC now. He's challenging Mueller to name the statute that makes "collusion" a crime. Also says Rosenstein is likely a witness in any obstruction case and must recuse himself.

aggiehawg said:

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Dershowitz is on FNC now. He's challenging Mueller to name the statute that makes "collusion" a crime. Also says Rosenstein is likely a witness in any obstruction case and must recuse himself.

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I find it simply amazing that Dershowitz was once touted as the burning bush when it came to legal opinions and constitutional law, and once he started giving opinions that favored the POTUS he became a crackpot to all the other legal pundits in the MSM, which ironically most of them had Dershowitz as a professor at Harvard. The metamorphosis is magical.

aggiehawg said:

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Dershowitz is on FNC now. He's challenging Mueller to name the statute that makes "collusion" a crime. Also says Rosenstein is likely a witness in any obstruction case and must recuse himself.

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Dershowitz knows how to get on tv.

he knows Mueller isn't claiming "collusion" is a crime, and knows Mueller isn't going to answer him.

Though he may be right about Rosenstein.

Cow Hop Ag said:

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And Mueller's criminal enterprise just happens to leak that Trump is not a criminal target for NOW but he better watch out and not obstruct.

All to distract from this I suspect.

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No, that's a trap. The use of the word "subject" instead of "target" is a legal fiction. "Targets" take the 5th when summoned to the grand jury. "Subjects" generally do not...until they become the "target."

All this story accomplishes is to put more public pressure on Trump to either testify or fire Mueller. Neither of which is an appetizing prospect.

Gowdy made the same point this morning, too. People are creating a "new legal language" that means nothing in real investigations.

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he knows Mueller isn't claiming "collusion" is a crime, and knows Mueller isn't going to answer him.

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Actually, that was Dershowitz's point. That the pleadings Mueller has filed does repeatedly use the word "collusion" as a crime. Hence the challenge.