J
josie_L
Guest
No, he has not recused himself per se, but his role is limited in this investigation and the reasons being:Please show a news source that Rosenstein has recused himself? He appointed mueller, he sets the guidelines, he is in charge of whether mueller stays or goes.
In fairness to Rosenstein, recusal is not as much of a pressing question for him as it was for Attorney General Jeff Sessions. The appointment of a special counsel is itself a type of recusal for the entire department. However, Rosenstein continues to hold some authority in being able to countermand decisions of the special counsel (though such decisions are reported to Congress).
He also holds the final word on whether Mueller can continue as special counsel. That gives him a modicum of influence over a Special Prosecutor who could be investigating Rosenstein’s own role in the firing of Comey. Rosenstein could also be a witness on the narrative put out by the White House after the firing — citing Rosenstein as the moving force behind the termination (an account Rosenstein reportedly objected to as false or misleading).
And just three hours ago said author from the same news outlet wrote:
I was skeptical about the appointment of a special counsel before the firing because such an appointment should be accompanied by an articulable criminal act — something missing in the vague references to “collusion” with the Russians.
My view changed after Trump fired Comey on May 9. At that point, I believed that Rosenstein was right about the need for a special counsel to assure the public that a full and independent investigation would be conducted. However, his choice of Robert Mueller was a mistake. Mueller interviewed for Comey’s job, and Trump presumably spoke to Mueller about his reasons for firing Comey.
Moreover, Mueller and Comey have a close prior professional history. Both men were involved in a historic moment during the George W. Bush administration where they stood side by side to oppose an unlawful surveillance program. It was a moment that would define the legacies of both men — and enjoin them in history.
Rosenstein magnified that error with a mandate for Mueller that is strikingly broad. Yet this week, Rosenstein assured the public that “Bob Mueller understands and I understand the specific scope of the investigation, and so no, it’s not a fishing expedition.” If so, that understanding has remained strangely unstated.
The special counsel provision found in 28 CFR 600, states that the attorney general (or in this case, the deputy attorney general) shall establish by jurisdiction of the special counsel “a specific factual statement of the matter to be investigated.”
The statement given to Robert Mueller was anything but specific. It simply stated that Mueller was to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump” and “any matters that arose or may arise directly from the investigation.”
With such a sweeping mandate, the role of the deputy attorney general in the investigation is even higher than usual. Rosenstein is performing the role of the attorney general after Jeff Sessions correctly recused himself. Under the rules, Mueller is specifically allowed to investigate “any federal crimes committed in the course of, and with intent to interfere with, the special counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.”