Opinion | Michael Conway: Special Counsel Mueller won the right to keep investigating President Trump, but he may have lost part of his independence in the fight. - NBCNewsTHINK
On the eve of Michael Cohen’s testimony before the House, the D.C. Circuit Court of Appeals upheld Special Counsel Robert Mueller’s authority to investigate Russian collusion in the 2016 presidential election. But in doing so, it used a rationale that could undermine Mueller’s independence and potentially even change the course of the investigation.
The court emphasized that while the Department of Justice regulations that created the office of special counsel give considerable latitude in pursuing an investigation, “’ultimate responsibility for the matter and how it is handled’ resides in the attorney general.” Miller’s legal theory was that Mueller lacked legal authority to issue his grand jury subpoena because Mueller had been appointed special counsel by Deputy Attorney General Rod Rosenstein after Attorney General Jeff Sessions recused himself from the Russia probe, rather than by Trump.
The court’s language underscores the fragility of Mueller’s position: The special counsel is not at all independent. His investigation and his final report are, by the court’s explicit reasoning, under the ultimate control of the attorney general. Thus, if the courts are powerless to ensure either the special counsel’s independence or to provide that his anticipated final report be made public, it will fall to Congress to do so.Republicans claim bill protecting Mueller is unconstitutional. A constitutional scholar explains why they're wrong.
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Mueller scores big win as court rejects challenge to his appointmentA federal appeals court turned aside arguments that Mueller wields so much power as a special prosecutor that he should have been nominated by the president and confirmed by the Senate.
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Former Cambridge Analytica employee was questioned by MuellerOne of Cambridge Analytica’s former employees is now said to have been questioned by Special Counsel Robert Mueller. Watch Ayman Mohyeldin speak with that former employee’s lawyer about what she knew and why Mueller wanted to speak with her.
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Opinion | Mueller's report must be released in its entirety for the sake of our democracyOpinion | David Brock: Mueller's report must be released in its entirety or too many Americans will never trust our democracy again. - NBCNewsTHINK
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Opinion | New Michael Cohen testimony may undermine Trump’s spin on MuellerExtensive wrongdoing and likely criminality has already been established, and we can't lose sight of that bigger story.
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Litman: Mueller ‘would win’ if he subpoenaed TrumpFmr. Deputy Assistant AG Litman says it is 'still possible' for President Trump to be subpoenaed in the Mueller investigation
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New Mueller court finding says Manafort brazenly broke the lawIn a new 800-page court filing from the Special Counsel, details of Paul Manafort’s criminality are laid bare. They expose years of fraud and deceit committed by Manafort, President Trump’s former campaign chairman. Meanwhile, Manafort’s team says his “garden variety” crimes don’t connect him to Russia and therefore it’s not a big deal. With us to talk about it, Los Angeles Times reporter Chris Megerian, and veteran Federal prosecutor Berit Berger.
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