A Helping Hand With Swift Tactics For
Rosenstein determined that to "ensure a full and thorough investigation of the Russian efforts to interfere with the 2016 presidential election," the public interest required him to place the investigation under the authority of a person who would be able to exercise a degree of independence from the normal Department of Justice chain of command. In his order appointing Mueller on May 17, 2017, Rosenstein authorized the special counsel to conduct the investigation into the Russian government's efforts to interfere in the 2016 presidential election confirmed by then-FBI Director Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017 and related matters. On March 20, Comey testified that, "I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government's efforts to interfere in the 2016 presidential election, and that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia's efforts. As with any counterintelligence investigation, this will also include an assessment of whether any crimes were committed." Included within Mueller's overarching counterintelligence mandate is the investigation of: any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and any matters that arose or may arise directly from the investigation; and any other matters within the scope of 28 C.F.R. § 600.4(a), i.e., any federal crimes committed in the course of, and with intent to interfere with, the special counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses. The mandate also provides the special counsel with the authority to prosecute federal crimes arising from the investigation of these matters, if he believes it is necessary and appropriate. At the conclusion of his work, the special counsel is required to provide the attorney general with a report explaining the prosecution or declination decisions he reached, according to 28 C.F.R. 600.8. Mueller tells a compelling story of Russian intrigue that was designed to elect Trump Thus, Mueller was appointed to carry on a pre-existing counterintelligence investigation that included, among other things, determining whether there was interference by the Russian government in the 2016 presidential election and, if so, whether there was any coordination with the Trump campaign. Contrary to Dershowitz's view, the regulations governing the appointment of a special counsel do not require the Trump administration to have committed a crime. Indeed, much of what Mueller has been authorized to investigate predates Trump's inauguration. How Mueller appears to be carrying out his mandate 1.
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