USA Dy AG Rosenstein appoints ex FBI director Mueller as Special Counsel to oversee probe into alleged foreign interference in 2016 USA election
As a student-observer, well-wisher and admirer of USA democracy, I have been following the tense and disturbing events in USA top govt. over the past few days but given the super sensitivity of the matter, and given that I am an Indian citizen and resident of India, I felt it appropriate not to make any social media posts on the matter barring one exception (Hope and pray that things cool down quickly in USA over president Trump dismissal of FBI director Comey, http://ravisiyermisc.blogspot.in/2017/05/hope-and-pray-that-things-cool-down.html).
Today I felt I should make another exception related to appointment of former FBI Director, Robert Mueller, https://en.wikipedia.org/wiki/Robert_Mueller, as special counsel to oversee the FBI's investigation into any possible links between then candidate and now USA president Donald Trump's campaign (2016) with a foreign government. Mueller was FBI Director from Sept. 2001 to Sept. 2013 and was succeeded as FBI director by James Comey.
The interesting thing for me to note as a lover of democracy is that the decision to appoint this special counsel was made by USA deputy Attorney General, Rod Rosenstein, independent of the White House and independent of his immediate boss, USA Attorney General Jeff Sessions, who has recused himself from this matter.
Some extracts from Rosenstein's Order, https://www.justice.gov/opa/press-release/file/967231/download, dated 5/17/17 (17th May 2017), slightly edited to hide name of foreign country/govt. with the edit clearly indicated by [Ravi: ...], are given below:
APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE [Ravi: foreign country] INTERFERENCE WITH THE 2016 PRESIDENTIAL ELECTION AND RELATED MATTERS
By virtue of the authority vested in me as Acting Attorney General, including 28 U.S.C. §§ 509, 510, and 515, in order to discharge my responsibility to provide supervision and management of the Department of Justice, and to ensure a full and thorough investigation of the [Ravi: foreign] government's efforts to interfere in the 2016 presidential election, I hereby order as follows:
(a) Robert S. Mueller III is appointed to serve as Special Counsel for the United States Department of Justice.
(b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:
(i) any links and/or coordination between the [Ravi: foreign] government and individuals associated with the campaign of President Donald Trump; and
(ii) any matters that arose or may arise directly from the investigation; and
...
--- end extracts of official USA Deputy Attorney General Rod Rosenstein's order ---
Here's a news article from USA DOJ on the matter, https://www.justice.gov/opa/pr/appointment-special-counsel, dated May 17, 2017. Some extracts from it are given below.
“In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter,” said Deputy Attorney General Rosenstein. “My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”
Deputy Attorney General Rosenstein added, “Each year, the career professionals of the U.S. Department of Justice conduct tens of thousands of criminal investigations and handle countless other matters without regard to partisan political considerations. I have great confidence in the independence and integrity of our people and our processes. Considering the unique circumstances of this matter, however, I determined that a Special Counsel is necessary in order for the American people to have full confidence in the outcome. Our nation is grounded on the rule of law, and the public must be assured that government officials administer the law fairly. Special Counsel Mueller will have all appropriate resources to conduct a thorough and complete investigation, and I am confident that he will follow the facts, apply the law and reach a just result.”
Special Counsel Mueller has agreed to resign from his private law firm in order to avoid any conflicts of interest with firm clients or attorneys.
--- end extracts of offical USA DOJ News article ---
Former FBI Director Mueller is reported to have responded in a terse statement, "I accept this responsibility and will discharge it to the best of my ability".
Ravi: Wow!!! What power the USA Deputy Attorney General has (given that Attorney General Jeff Sessions has recused himself from the matter)!!! What an exhibition of the power of checks & balances in the USA democratic system today in May 2017 to ensure that all USA citizens no matter what position of power in USA government they occupy, are answerable and accountable to USA constitution and laws as interpreted/understood by the USA Dept. of Justice, its top investigative agencies (FBI in this case), its legislative branch (USA Congress: House of Representatives and Senate), and, if appeals are made for intervention to its top courts then the top courts (e.g. USA Supreme Court). Hats Off to USA democracy!
Yes, I do realize that such an investigation under a special counsel would have some downside in terms of USA government money and resources spent on it, and also take away valuable time from some parts of the USA govt. including parts of White House, in responding to queries from the investigation under the special counsel (especially if subpoenas are sent). But perhaps to restore trust & confidence in USA democracy and ensure that in future foreign governments are prevented from or find it very difficult to interfere in USA democracy, I think all these downsides are worth tolerating, especially when viewed from the long run perspective.
It is reported that USA White House was informed (Rosenstein called up WH Counsel Donald McGahn) only around half an hour before the public announcement by Rosenstein. USA president Trump was immediately informed. Mr. Trump called his senior staff and drafted a response. Mr. Trump is reported to have been "unbelievably calm and measured." Here's USA president Trump's statement on Facebook, https://www.facebook.com/DonaldTrump/posts/10159152896885725, dated May 17th 2017 (USA time), "As I have stated many times, a thorough investigation will confirm what we already know - there was no collusion between my campaign and any foreign entity. I look forward to this matter concluding quickly. In the meantime, I will never stop fighting for the people and the issues that matter most to the future of our country."
Ravi: I think that is a superb, reassuring and admirable response from USA president Trump. As I have mentioned earlier, I wish USA president Trump and his team all the very best in their efforts to improve the lives of the American people.
The development was welcomed by both Republican and Democratic members of House of Representatives and Senate.
Rep. Jason Chaffetz (R-Utah), chairman of the House Oversight and Government Reform Committee, is reported to have tweeted: “Impeccable credentials. Should be widely accepted.”
Senate Minority Leader Chuck Schumer (D-New York) is reported to have said, “Former Director Mueller is exactly the right kind of individual for this job. I now have significantly greater confidence that the investigation will follow the facts wherever they lead."
Here's the statement of Senator Dianne Feinstein (D-Calif.), https://www.feinstein.senate.gov/public/index.cfm/press-releases?id=FEA7C76A-E029-49AF-98F2-5446AABFAD22, slightly edited, "The appointment of Bob Mueller as special counsel for the [Ravi: foreign country] investigation is a good first step to get to the bottom of the many questions we have about [Ravi: foreign country] interference in our election and possible ties to the president.
“Bob was a fine U.S. attorney, a great FBI director and there’s no better person who could be asked to perform this function. He is respected, he is talented and he has the knowledge and ability to do the right thing.”
USA speaker, Paul Ryan (R-Wisconsin) said in his statement, http://www.speaker.gov/press-release/statement-appointment-robert-mueller, "My priority has been to ensure thorough and independent investigations are allowed to follow the facts wherever they may lead. That is what we’ve been doing here in the House. The addition of Robert Mueller as special counsel is consistent with this goal, and I welcome his role at the Department of Justice. The important ongoing bipartisan investigation in the House will also continue."
USA Senate Majority Leader Mitch McConnell (R-Kentucky) is reported to have said, "The decision by the Deputy Attorney General to appoint former FBI Director Robert Mueller as a special counsel confirms that the investigation into [Ravi: foreign country] intervention into our election will continue, as stated last week by Acting FBI Director Andrew McCabe. The Senate Select Committee on Intelligence will also continue its investigation into this matter."
USA Senator John McCain (R-Arizona) is reported to have said that Mueller is "a great choice for special counsel."
Some Democrats have additionally stated that there should also be an independent commission to probe this matter.
USA House Minority Leader Nancy Pelosi (D-California) said on Facebook, https://www.facebook.com/NancyPelosi/posts/10155552200199384, "Mueller is a good first step – but his appointment can't take the place of an independent commission free from Trump's meddling. That remains our best option for ensuring Americans get the facts they deserve."
Representative Adam Schiff (D-California) said on Facebook, https://www.facebook.com/RepAdamSchiff/posts/10154343176591831, "The decision to appoint a special counsel is a very positive step forward. Bob Mueller is a respected former Director of the FBI who knows the Bureau inside and out, and enjoys a superb reputation among members of both parties. His appointment will help reestablish public confidence that the FBI investigation into the [Ravi: foreign country] active measures campaign during the presidential election and any involvement of U.S. persons will be thorough and any prosecutorial decisions that result are based on sound and independent judgment.
The appointment of a special counsel is not a substitute for a vigorous investigation in Congress and the House Intelligence Committee will take steps to make sure our investigations do not conflict and ensure the success of both efforts. We will also want to make certain that the special counsel has all the resources it needs to undertake this important task."
Some articles on the matter are given below:
1) ROBERT MUELLER: A MOST WELCOME SPECIAL COUNSEL, http://www.newyorker.com/news/john-cassidy/robert-mueller-a-most-welcome-special-counsel
2) With a special prosecutor, 'people are fearful whatever they've done', http://www.politico.com/story/2017/05/17/trump-special-prosecutor-fearful-238535
3) Deputy attorney general appoints special counsel to oversee probe of Russian interference in election, https://www.washingtonpost.com/world/national-security/deputy-attorney-general-appoints-special-counsel-to-oversee-probe-of-russian-interference-in-election/2017/05/17/302c1774-3b49-11e7-8854-21f359183e8c_story.html
4) Everything you need to know about the Russia investigation’s ‘special counsel’, https://www.washingtonpost.com/world/national-security/everything-you-need-to-know-about-the-russia-investigations-special-counsel/2017/05/17/77b038f4-3b4f-11e7-a058-ddbb23c75d82_story.html
5) Rare bipartisan moment: Both sides embrace Robert Mueller as special counsel, https://www.usatoday.com/story/news/politics/2017/05/17/rare-bipartisan-moment-both-sides-embrace-robert-mueller-special-counsel/101810310/
[I thank the many USA members of Congress (House and Senate) mentioned in this post and USA Deputy Attorney General and have presumed that they will not have any objections to me sharing the above public statements of theirs on this post which is freely viewable by all, and does not have any financial profit motive whatsoever.]
Today I felt I should make another exception related to appointment of former FBI Director, Robert Mueller, https://en.wikipedia.org/wiki/Robert_Mueller, as special counsel to oversee the FBI's investigation into any possible links between then candidate and now USA president Donald Trump's campaign (2016) with a foreign government. Mueller was FBI Director from Sept. 2001 to Sept. 2013 and was succeeded as FBI director by James Comey.
The interesting thing for me to note as a lover of democracy is that the decision to appoint this special counsel was made by USA deputy Attorney General, Rod Rosenstein, independent of the White House and independent of his immediate boss, USA Attorney General Jeff Sessions, who has recused himself from this matter.
Some extracts from Rosenstein's Order, https://www.justice.gov/opa/press-release/file/967231/download, dated 5/17/17 (17th May 2017), slightly edited to hide name of foreign country/govt. with the edit clearly indicated by [Ravi: ...], are given below:
APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE [Ravi: foreign country] INTERFERENCE WITH THE 2016 PRESIDENTIAL ELECTION AND RELATED MATTERS
By virtue of the authority vested in me as Acting Attorney General, including 28 U.S.C. §§ 509, 510, and 515, in order to discharge my responsibility to provide supervision and management of the Department of Justice, and to ensure a full and thorough investigation of the [Ravi: foreign] government's efforts to interfere in the 2016 presidential election, I hereby order as follows:
(a) Robert S. Mueller III is appointed to serve as Special Counsel for the United States Department of Justice.
(b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Corney in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:
(i) any links and/or coordination between the [Ravi: foreign] government and individuals associated with the campaign of President Donald Trump; and
(ii) any matters that arose or may arise directly from the investigation; and
...
--- end extracts of official USA Deputy Attorney General Rod Rosenstein's order ---
Here's a news article from USA DOJ on the matter, https://www.justice.gov/opa/pr/appointment-special-counsel, dated May 17, 2017. Some extracts from it are given below.
“In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter,” said Deputy Attorney General Rosenstein. “My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.”
Deputy Attorney General Rosenstein added, “Each year, the career professionals of the U.S. Department of Justice conduct tens of thousands of criminal investigations and handle countless other matters without regard to partisan political considerations. I have great confidence in the independence and integrity of our people and our processes. Considering the unique circumstances of this matter, however, I determined that a Special Counsel is necessary in order for the American people to have full confidence in the outcome. Our nation is grounded on the rule of law, and the public must be assured that government officials administer the law fairly. Special Counsel Mueller will have all appropriate resources to conduct a thorough and complete investigation, and I am confident that he will follow the facts, apply the law and reach a just result.”
Special Counsel Mueller has agreed to resign from his private law firm in order to avoid any conflicts of interest with firm clients or attorneys.
--- end extracts of offical USA DOJ News article ---
Former FBI Director Mueller is reported to have responded in a terse statement, "I accept this responsibility and will discharge it to the best of my ability".
Ravi: Wow!!! What power the USA Deputy Attorney General has (given that Attorney General Jeff Sessions has recused himself from the matter)!!! What an exhibition of the power of checks & balances in the USA democratic system today in May 2017 to ensure that all USA citizens no matter what position of power in USA government they occupy, are answerable and accountable to USA constitution and laws as interpreted/understood by the USA Dept. of Justice, its top investigative agencies (FBI in this case), its legislative branch (USA Congress: House of Representatives and Senate), and, if appeals are made for intervention to its top courts then the top courts (e.g. USA Supreme Court). Hats Off to USA democracy!
Yes, I do realize that such an investigation under a special counsel would have some downside in terms of USA government money and resources spent on it, and also take away valuable time from some parts of the USA govt. including parts of White House, in responding to queries from the investigation under the special counsel (especially if subpoenas are sent). But perhaps to restore trust & confidence in USA democracy and ensure that in future foreign governments are prevented from or find it very difficult to interfere in USA democracy, I think all these downsides are worth tolerating, especially when viewed from the long run perspective.
It is reported that USA White House was informed (Rosenstein called up WH Counsel Donald McGahn) only around half an hour before the public announcement by Rosenstein. USA president Trump was immediately informed. Mr. Trump called his senior staff and drafted a response. Mr. Trump is reported to have been "unbelievably calm and measured." Here's USA president Trump's statement on Facebook, https://www.facebook.com/DonaldTrump/posts/10159152896885725, dated May 17th 2017 (USA time), "As I have stated many times, a thorough investigation will confirm what we already know - there was no collusion between my campaign and any foreign entity. I look forward to this matter concluding quickly. In the meantime, I will never stop fighting for the people and the issues that matter most to the future of our country."
Ravi: I think that is a superb, reassuring and admirable response from USA president Trump. As I have mentioned earlier, I wish USA president Trump and his team all the very best in their efforts to improve the lives of the American people.
The development was welcomed by both Republican and Democratic members of House of Representatives and Senate.
Rep. Jason Chaffetz (R-Utah), chairman of the House Oversight and Government Reform Committee, is reported to have tweeted: “Impeccable credentials. Should be widely accepted.”
Senate Minority Leader Chuck Schumer (D-New York) is reported to have said, “Former Director Mueller is exactly the right kind of individual for this job. I now have significantly greater confidence that the investigation will follow the facts wherever they lead."
Here's the statement of Senator Dianne Feinstein (D-Calif.), https://www.feinstein.senate.gov/public/index.cfm/press-releases?id=FEA7C76A-E029-49AF-98F2-5446AABFAD22, slightly edited, "The appointment of Bob Mueller as special counsel for the [Ravi: foreign country] investigation is a good first step to get to the bottom of the many questions we have about [Ravi: foreign country] interference in our election and possible ties to the president.
“Bob was a fine U.S. attorney, a great FBI director and there’s no better person who could be asked to perform this function. He is respected, he is talented and he has the knowledge and ability to do the right thing.”
USA speaker, Paul Ryan (R-Wisconsin) said in his statement, http://www.speaker.gov/press-release/statement-appointment-robert-mueller, "My priority has been to ensure thorough and independent investigations are allowed to follow the facts wherever they may lead. That is what we’ve been doing here in the House. The addition of Robert Mueller as special counsel is consistent with this goal, and I welcome his role at the Department of Justice. The important ongoing bipartisan investigation in the House will also continue."
USA Senate Majority Leader Mitch McConnell (R-Kentucky) is reported to have said, "The decision by the Deputy Attorney General to appoint former FBI Director Robert Mueller as a special counsel confirms that the investigation into [Ravi: foreign country] intervention into our election will continue, as stated last week by Acting FBI Director Andrew McCabe. The Senate Select Committee on Intelligence will also continue its investigation into this matter."
USA Senator John McCain (R-Arizona) is reported to have said that Mueller is "a great choice for special counsel."
Some Democrats have additionally stated that there should also be an independent commission to probe this matter.
USA House Minority Leader Nancy Pelosi (D-California) said on Facebook, https://www.facebook.com/NancyPelosi/posts/10155552200199384, "Mueller is a good first step – but his appointment can't take the place of an independent commission free from Trump's meddling. That remains our best option for ensuring Americans get the facts they deserve."
Representative Adam Schiff (D-California) said on Facebook, https://www.facebook.com/RepAdamSchiff/posts/10154343176591831, "The decision to appoint a special counsel is a very positive step forward. Bob Mueller is a respected former Director of the FBI who knows the Bureau inside and out, and enjoys a superb reputation among members of both parties. His appointment will help reestablish public confidence that the FBI investigation into the [Ravi: foreign country] active measures campaign during the presidential election and any involvement of U.S. persons will be thorough and any prosecutorial decisions that result are based on sound and independent judgment.
The appointment of a special counsel is not a substitute for a vigorous investigation in Congress and the House Intelligence Committee will take steps to make sure our investigations do not conflict and ensure the success of both efforts. We will also want to make certain that the special counsel has all the resources it needs to undertake this important task."
Some articles on the matter are given below:
1) ROBERT MUELLER: A MOST WELCOME SPECIAL COUNSEL, http://www.newyorker.com/news/john-cassidy/robert-mueller-a-most-welcome-special-counsel
2) With a special prosecutor, 'people are fearful whatever they've done', http://www.politico.com/story/2017/05/17/trump-special-prosecutor-fearful-238535
3) Deputy attorney general appoints special counsel to oversee probe of Russian interference in election, https://www.washingtonpost.com/world/national-security/deputy-attorney-general-appoints-special-counsel-to-oversee-probe-of-russian-interference-in-election/2017/05/17/302c1774-3b49-11e7-8854-21f359183e8c_story.html
4) Everything you need to know about the Russia investigation’s ‘special counsel’, https://www.washingtonpost.com/world/national-security/everything-you-need-to-know-about-the-russia-investigations-special-counsel/2017/05/17/77b038f4-3b4f-11e7-a058-ddbb23c75d82_story.html
5) Rare bipartisan moment: Both sides embrace Robert Mueller as special counsel, https://www.usatoday.com/story/news/politics/2017/05/17/rare-bipartisan-moment-both-sides-embrace-robert-mueller-special-counsel/101810310/
[I thank the many USA members of Congress (House and Senate) mentioned in this post and USA Deputy Attorney General and have presumed that they will not have any objections to me sharing the above public statements of theirs on this post which is freely viewable by all, and does not have any financial profit motive whatsoever.]
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