Tag: special prosecutor

Rod Rosenstein – A Young Man in a Hurry?


What happened the other day? What could have possessed Deputy AG Rosenstein to sic a special prosecutor on President Trump? This was an act of betrayal. Why is no one characterizing it as such? Like thunder it struck us all. What just happened?

Would anyone working for Eric Holder or Obama have done something like this?

Mueller Knows the Game — Raise the Stakes


It seems that as soon as there were rumors Trump was thinking of dumping Mueller, Mueller came up with the strategy laid out by Comey: Once you get a special prosecutor launched, that perch can be used to control the whole process. But, the collusion with Russia business didn’t seem to be taking off, did it? Mueller needed to act fast if he wanted to keep his position.

So, now Mueller decides — out of the blue — that he should look into obstruction of justice just like Comey was hinting at. This all seems planned with Rod Rosenstein, doesn’t it? Perhpas it’s ad hoc, but either way the important thing was to get the special prosecutor established firmly and on the hunt. And by hunting the president’s scalp directly, it would be much more difficult for Trump to fire him. Pretty clever, isn’t it? This all seems too contrived — it doesn’t even pass the Hollywood thriller smell test. It’s too far-fetched.

Mr. President: you and your hapless AG need to fire a bunch of the top people over there at Justice, starting with Rosenstein. The people still there are the ones who didn’t quit under Obama, remember. They are the true believers in ruining your presidency. Do it now — it will only get worse.

Special Prosecutor Is a Bad Idea


Amid the rumors and speculation regarding a new FBI director, the Democrats continue to cry out for a special prosecutor. I kept hearing that this step would be a bad idea, but I decided that finding out the reasons could be helpful. Let me give you some background and the reasons for taking an alternative course for continuing the investigation regarding the Trump campaign and Russia.

Many people are trying to compare Watergate with this current situation, which is a deeply flawed analogy. They are likely referring to Nixon’s firing of Archibald Cox who had been appointed as special prosecutor. Katy Harriger, a professor at Wake Forest University and author of The Special Prosecutor in American Politics, points out that a special prosecutor needs to be able to work independent of the President and Attorney General:

It was thus that Congress passed the Ethics in Government Act. The 1978 law formalized the process that had been going on for a century at that point, creating special prosecutors (renamed independent counsels in 1983, partly to avoid any implication of assumed guilt) and giving a panel of judges the right to pick them. After the law’s expiration in 1999, the Attorney General kept the right to appoint special counsels, with internal regulations determining the circumstances.

Member Post


I didn’t have much expectation that there would ever be an special prosecutor appointed because that would require Eric Holder’s cooperation.  And Holder would only appoint a fellow traveler who would guarantee a sterile “investigation”.  Also, there is a reasonable argument that Lois Lerner should be given immunity in exchange for cooperation.  That might be […]

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