Here’s The Dilemma Jeff Sessions Faces As He Considers Appointing A Special Counsel

Republicans want a special prosecutor to investigate the Obama administration, but the law only allows for the appointment of a special counsel in limited circumstances.

As momentum builds for Jeff Sessions to appoint a second Special Counsel to investigate potential surveillance abuse by the Obama administration, the law-and-order attorney general faces a dilemma: How to launch a wide-ranging probe in the mold of Special Counsel Robert Mueller’s investigation into the Trump campaign and Russia, when federal regulations provide for only a narrow and limited use of a special counsel.

The pressure on Sessions escalated last week when Bob Goodlatte, who chairs the House Judiciary Committee, and Trey Gowdy, who chairs the House Oversight and Government Reform Committee, sent him a joint-letter requesting he appoint a special counsel. The suggested scope for the requested investigation is broad.

Goodlatte and Gowdy asked for a review of decisions by the Justice Department and the FBI in 2016 and 2017, including “evidence of bias” by any federal employees or agencies involved in the investigation of Russian election meddling, indictment decisions, and whether the fall 2016 FISA process was undertaken appropriately and “devoid of extraneous influence.”

The Zeldin Letter And The Trump Tweet
Their request followed a tweet from President Trump lambasting Sessions for referring an investigation into potential FISA abuse to the Inspector General of the Justice Department. Trump called the move “disgraceful,” and 13 congressmen led by Republican Rep. Lee Zeldin requested Sessions appoint a special counsel instead.

The Zeldin letter also requested an expansive investigation into “decisions and activities” by leaders of the Justice Department and FBI regarding how and why the Hillary Clinton email probe ended, and how and why the Trump-Russia probe began. The congressmen also sought an investigation into “important questions” involving “FISA warrants targeting U.S. citizen Carter Page.”

Sessions sidestepped the Zeldin letter, but couldn’t ignore the letter from Goodlatte and Gowdy, given their influence as powerful committee chairmen. In response to the second March letter, he acknowledged he was “seriously” weighing the possibility of appointing a second special counsel to investigate the Obama administration according to their concerns.

As Sessions weighs this possibility, though, he faces a difficulty: Republicans seek a special prosecutor to conduct a wide-ranging investigation into Democrat misconduct, but federal regulations allow for the appointment of a special counsel in limited circumstances. The attorney general may appoint a special counsel only upon concluding “that criminal investigation of a person or matter is warranted” and then only if there is a conflict of interest for the Justice Department, or if other extraordinary circumstances exist. Additionally, it must be in the public interest to appoint an outside special counsel.

National Review’s Andrew McCarthy editorialized against the appointment of a special counsel, stressing the narrow legal authority for making such an appointment.

“Rosenstein failed to adhere to the regulations, [in] appointing Mueller to conduct a counterintelligence investigation,” he wrote, referring to Acting Attorney General Rod Rosenstein, but that doesn’t mean Republicans should make the same mistake. Instead, McCarthy suggests, Sessions should assign a Justice Department attorney from outside Washington to investigate how the FBI and Justice Department handled the Clinton and Trump-Russia probes.

The Problem With The Good Option
The problem with that idea, which Trump also suggested in his tweet criticizing Sessions, is that Democrats would likely claim a U.S. attorney lacks the independence necessary to conduct the investigation. They would push to keep the probe within the authority of the Inspector General’s office. Democrats could easily support their position by pointing to Republicans who publicly defended Inspector General Michael Horowitz, after Trump’s tweet attacking the Sessions decision.

Sessions has countered criticism of the inspector general, telling Fox News, “Some think that our inspector general is not very strong. But he has almost 500 employees, most of which are lawyers and prosecutors, and they are looking at the FISA process.”

The comments were intended to reassure, but actually highlight the need to pull the probe from the inspector general’s office.

Horowitz, whom Republican and Democrats alike have defended as “fair” and “fact-centric,” is but the head of a sprawling bureaucracy staffed by long-time Washington insiders. The career employees in the inspector general’s office hold the same potential for political passions and prejudices that tainted the Justice Department and FBI’s Clinton and Russia probes, including the FISA warrant targeting Page.

For instance, Assistant Inspector General Daniel C. Beckhard, who heads the Oversight and Review Division of the Inspector General’s office, donated to “Obama for America” in 2012, when Obama and Joe Biden ran for reelection. Beckhard’s division is charged with conducting “special reviews and investigations of sensitive allegations” involving the Justice Department, and often undertakes investigations at the request of Congress, senior Justice Department managers, or the Attorney General.

Political bias aside, the inspector general’s office also lacks the tools necessary to conduct a proper investigation, while a special counsel or U.S. attorney would have broad powers. McCarthy writes: “Unlike the inspector general, the U.S. attorney would have full jurisdiction to convene a grand jury; investigate any crimes attendant to the Clinton-emails and Trump-Russia probes; issue subpoenas and seek other court process (such as search warrants) to secure evidence; and prosecute any violations of law by persons inside or outside of government.”

If the Democrats want to avoid the drama destined to descend on D.C. with the appointment of a second special counsel, they would be wise to preempt Session’s decision and propose the McCarthy solution. And they better act quickly, because Sessions has said he is “seriously” considering appointing a second special counsel, and has already appointed a Washington outsider with “many years in the Department of Justice” to look into the concerns outlined in the Goodlatte, Gowdy letter.

Given the seriousness with which Sessions regards the strictures of the law, that individual is likely assessing whether the misconduct catalogued in the two Republican letters “warrants a criminal investigation,” according to federal law. There is hope for those pushing for a special counsel, because the one thing equal to the sprawling breadth of misconduct in government is the tentacle reach of the federal criminal code.

Link

Rosenstein failed to adhere to the regulations.

Mr Magoo needs to wake up and smell the coffee. Our enemies are not bound by Sessions self imposed constraints and handwringing. Appoint a 2nd special counsel. NOW! Regards 18DAI

so now Peter Strzok was friends with the FISC judge who recused himself

https://saraacarter.com/explos...friends-with-strzok/

Newly redacted text messages discovered by congressional investigators reveal that an embattled FBI agent at the center of the Russia investigation controversy was close friends with a District of Columbia judge who recused himself from the criminal case over former National Security Advisor Michael Flynn, congressional members said, and text documents show.

The never before seen text messages, which were a part of the texts given to congress by the Department of Justice, show that FBI Special Agent Peter Strzok and his paramour FBI attorney Lisa Page discussed Strzok’s relationship with U.S. District Court Judge Rudolph Contreras, who presided over a Dec. 1, 2017 hearing where former National Security Advisor Michael Flynn pleaded guilty to lying to the FBI. Strzok was removed from Robert Mueller’s Special Counsel’s Office last year after anti-Trump text messages between him and his FBI agent lover were discovered by the DOJ’s Inspector General Michael Horowitz. But on Dec. 7, without warning, Judge Rudolph Contreras was removed as the presiding judge on Flynn’s case. Little information was given at the time as to why Contreras was removed.

In a text message chain from Page to Strzok on July, 25, 2016 she writes, “Rudy is on the FISC! Did you know that? Just appointed two months ago.” At that point, the pair continues to discuss other issues but comes back to Contrares, “I did. We talked about it before and after. I need to get together with him.” Then later Strzok appears to return to his discussion about Contreras.

For the lawyers and others in the know, could Mueller prevent people that he has interviewed as part of his investigation from giving testimony to another special council claiming their testimony could interfere with his investigation? I don’t know if this would be a gag order of sorts, an NDA, or whatever. What if he has some legal maneuver to prevent those we expect are guilty from talking to another special prosecutor? If so he could drag this out indefinitely.

So is that Sombitch fired yet or is he playing lets make a deal?

quote:

Originally posted by Deqlyn:
So is that Sombitch fired yet or is he playing lets make a deal?

That is my question also^^^^! Get on with it Mr. Atty General!!

I'd be very surprised if Sessions fires him

its almost 3PM on the east coast...just about time to go home...he's probably dropping his badge off at the front door

don't think he has the balls, a day late and a dollar short - same as always

Sessions will not fire him. He does not believe political corruption is a prosecutable offense.

If there is an OPR investigation recommending dissmissal, along with all the tid bits we know, he should absolutely be fired. Let him get a lawyer and spend his money trying to get his pension back. Don't let him retire and then persue charges later (ha ha fat chance..) and spend the taxpayer money trying to get the pension back.

Actions have consequences. At least in the real word, apparently not in DC....

quote:

Originally posted by sdy:
so now Peter Strzok was friends with the FISC judge who recused himself

https://saraacarter.com/explos...friends-with-strzok/

Newly redacted text messages discovered by congressional investigators reveal that an embattled FBI agent at the center of the Russia investigation controversy was close friends with a District of Columbia judge who recused himself from the criminal case over former National Security Advisor Michael Flynn, congressional members said, and text documents show.

The never before seen text messages, which were a part of the texts given to congress by the Department of Justice, show that FBI Special Agent Peter Strzok and his paramour FBI attorney Lisa Page discussed Strzok’s relationship with U.S. District Court Judge Rudolph Contreras, who presided over a Dec. 1, 2017 hearing where former National Security Advisor Michael Flynn pleaded guilty to lying to the FBI. Strzok was removed from Robert Mueller’s Special Counsel’s Office last year after anti-Trump text messages between him and his FBI agent lover were discovered by the DOJ’s Inspector General Michael Horowitz. But on Dec. 7, without warning, Judge Rudolph Contreras was removed as the presiding judge on Flynn’s case. Little information was given at the time as to why Contreras was removed.

In a text message chain from Page to Strzok on July, 25, 2016 she writes, “Rudy is on the FISC! Did you know that? Just appointed two months ago.” At that point, the pair continues to discuss other issues but comes back to Contrares, “I did. We talked about it before and after. I need to get together with him.” Then later Strzok appears to return to his discussion about Contreras.

I just heard Rush talking about this, un-friggen-believable.

This entire witch hunt is corrupted and Mr. Magoo needs to wake up from his nap, locate his balls and end this thing NOW.

One thing that makes it difficult to tell the clowns from the cowboys here is that almost all the clowns are friends, or classmates, or former staffers, of most of the cowboys.

As one former US Ambassador told me, it’s not who you have in your Rolodex, it’s whose Rolodex you are in, and one of the most ubiquitous hobbies in DC is making and cultivating contacts. It is critical to advancement, stability, in an unstable climate. You have to have contacts with the us’es and the thems, too. The entire social life of the Capital is driven by this universal need.

So it’s not surprising that all the Congressmen know each other, and are acquainted with most of the senior Congressional staffs even on a social level. It’s not surprising that they are known to foreign embassy senior staff. It’s a big part of the job, and job security too.

We are handicapped in evaluating all this because we have only media reports to go on. Those are likely incomplete at best, almost surely partially misleading and in some instances entirely fake.

And their spouses use their maiden names so no one knows who they're married too.

quote:

Originally posted by braillediver:
And their spouses use their maiden names so no one knows who they're married too.

Or having affairs with!

Judges have to be careful. It can be hard to draw the line when one is appointed to the bench who of the people you know is not going to be appearing before you. Obviously, relatives, even by marriage, are out. Partners and associates of your old law firm are out, and former clients, too. You can still go to lunch with your judge friend but cannot thereafter expect to appear in his/her court. Judges lunch together quite a bit!

If a party or lawyer shows up in your coirtroom who you know, you must announce it and allow other parties to object or consent, as they chose.

When I was at the title co., we used one firm whenever possible, as the one fellow was the best RE lawyer I ever encountered, from whom I learned a very great deal. When he went on the bench, he was unable to handle any cases the title co was involved in. Too bad. He knew that stuff bsckwards and forwards. After some years, it gradually abated, all the people involved were different, etc.

You have to be careful to not put yourself in awkward positions.

quote:

Originally posted by mbinky:
Sessions will not fire him. He does not believe political corruption is a prosecutable offense.

If there is an OPR investigation recommending dissmissal, along with all the tid bits we know, he should absolutely be fired. Let him get a lawyer and spend his money trying to get his pension back. Don't let him retire and then persue charges later (ha ha fat chance..) and spend the taxpayer money trying to get the pension back.

Actions have consequences. At least in the real word, apparently not in DC....

Shameful. Sessions should go just for this travesty. I would call him a spineless weasel, but I've seen weasels and I like them. If a weasel and Sessions were going over a waterfall and I could only save one....

quote:

Originally posted by justjoe:

quote:

Originally posted by mbinky:
Sessions will not fire him. He does not believe political corruption is a prosecutable offense.

If there is an OPR investigation recommending dissmissal, along with all the tid bits we know, he should absolutely be fired. Let him get a lawyer and spend his money trying to get his pension back. Don't let him retire and then persue charges later (ha ha fat chance..) and spend the taxpayer money trying to get the pension back.

Actions have consequences. At least in the real word, apparently not in DC....

Shameful. Sessions should go just for this travesty. I would call him a spineless weasel, but I've seen weasels and I like them. If a weasel and Sessions were going over a waterfall and I could only save one....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
That damn swamp just won't drain. Business as usual for Government employees, especially higher ranking ones.That is the message Sessions just sent by not firing McCabe.

They are the Great Overlords. You are the little people. You forgot your place when you elected Trump. You will be corrected.

McCabe Fired, per Laura Ingraham, breaking news from WaPo.

WaPo says McCabe is fired

https://twitter.com/washington...serp%7Ctwgr%5Eauthor

adding:

https://www.cnn.com/2018/03/16...andrew-mccabe-fired/

(CNN) Attorney General Jeff Sessions fired former FBI deputy director Andrew McCabe late Friday, less than two days shy of his retirement, ending the career of an official who rose to serve as second-in-command at the bureau.

So Sessions had the balls after all.

Whoa! I eat my hat. Happily!

Dershowitz on Ingraham suggests that criminal charges may well be forthcoming.

McCabe could be the first of a long line heading off to the big house.