While the Mueller investigation deviates from DOJ standards in the way it makes allegations, the way it was started also flouted them.
The way Deputuy Attorney General Rod Rosenstein set up the Mueller investigation deviates from the way the Justice Department is supposed to establish such investigations. Mueller was tasked with finding whatever crimes he could rather than given specific crimes to investigate. Furthermore, Mueller is essentially threatening people with broad, vague crimes to get them to make plea deals.
Andrew McCarthy writes at The National Review, “Mueller’s Investigation Flouts Justice Department Standards.”
These columns have many times observed Deputy Attorney General Rod Rosenstein’s failure to set limits on Special Counsel Robert Mueller’s investigation. To trigger the appointment of a special counsel, federal regulations require the Justice Department to identify the crimes that warrant investigation and prosecution — crimes that the Justice Department is too conflicted to investigate in the normal course; crimes that become the parameters of the special counsel’s jurisdiction.
Rosenstein, instead, put the cart before the horse: Mueller was invited to conduct a fishing expedition, a boundless quest to hunt for undiscovered crimes, rather than an investigation and prosecution of known crimes.
That deviation, it turns out, is not the half of it. With Rosenstein’s passive approval, Mueller is shredding Justice Department charging policy by alleging earth-shattering crimes, then cutting a sweetheart deal that shields the defendant from liability for those crimes and from the penalties prescribed by Congress. The special counsel, moreover, has become a legislature unto himself, promulgating the new, grandiose crime of “conspiracy against the United States” by distorting the concept of “fraud.”
Why does the special counsel need to invent an offense to get a guilty plea? Why doesn’t he demand a plea to one of the several truly egregious statutory crimes he claims have been committed?
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