What is Mueller investigating?
The purpose of a special counsel is to investigate if a federal crime was committed. There has been no charge or allegation that Trump or his campaign workers violated any federal law. The authorization by Assistant Attorney General Rosenstein to Mueller read:
(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. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including: (i) any links and/or coordination between the Russian 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 (iii) any other matters within the scope of 28 C.F.R. § 600.4(a).
(c) If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters.
What are "links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump?" "Links and Coordination" is not a specific charge of violation of federal law. It is not like the Russians and others paying hundreds of millions of dollars to the Clinton Foundation and $500,000 in speech fees to Bill Clinton in connection with Hillary approving the sale of 20% of our uranium by a Canadian company to the Russians.
The authorization given by Rosenstein is broad and vague, which allows Mueller to investigate anything he wants under the guise that it is a "link" or "coordination." Rosenstein should have given a specific authorization to investigate any Russian or other foreign efforts that affected the results of the election. Of course, we know there is no evidence that voting machines were hacked to change votes, or that thousands of Russians illegally came to Pennsylvania, Ohio, and Michigan to vote for Trump. There is no such evidence because these things did not occur.
It is basic criminal law that a criminal statute must be specific and clear to define the conduct that is declared illegal so that one knows that the conduct is illegal. Similarly, if one is being investigated, the investigators must be authorized to seek out some specific conduct that is illegal and have probable cause to believe that the target of the investigation is involved illegally. There is no such evidence here.
It appears that Mueller is using the "link and/or coordination" authority to investigate matters totally unrelated to whether the Russians affected the 2016 election. For example, according to the latest leaks, most likely from the Obama-Clinton attorneys on the Mueller staff:
FBI investigators and others are looking at Russian purchases of apartments in Trump buildings, Trump's involvement in a controversial SoHo development with Russian associates, the 2013 Miss Universe pageant in Moscow and Trump's sale of a Florida mansion to a Russian oligarch in 2008.
If this is true, then Rosenstein must immediately clarify the authorization to state that Mueller will investigate:
1. Whether the Russian government hacked the DNC servers, and why the DNC refused to allow the FBI to investigate. If so, what information was obtained? Was this information accurate, or was it fabricated by the Russians with the participation of the Trump campaign?
2. Whether the Russian government hacked the emails or John Podesta. If so, what information was obtained in the emails? Were the emails accurate or fabricated by the Russians with the participation of the Trump campaign?
3. Whether there is evidence that voting machines were tampered with by anyone to change the voting results.
4. Whether anyone not a validly registered voter voted in the 2016 election.
Trump is absolutely correct that Attorney General Sessions erred in recusing himself from the "Russia" investigation. This matter has been investigated by Comey, Congress, and the Destroy Trump Media for the past year, and there is no evidence that Trump or his campaign violated any federal laws.
But with Sessions's recusal and Rosenstein's broad, vague warrant to Mueller, the Justice Department, which is responsible as part of the Executive Branch to enforce the laws of the United States, has no control over the investigation. Mueller is creating his own Justice Department, staffed with attorneys who donated to Hillary and Obama or who worked for Hillary's foundation, that is not accountable to the actual Justice Department – and worse, seems to leak daily to the Destroy Trump Media.
Mueller's investigation seems like Patrick Fitzgerald's investigation into the Valerie Plame leak, where Fitzgerald (Comey's pal) knew within days that it was the office of Colin Powell that had leaked. Yet he continued his "investigation" to jail a reporter and hound Scooter Libby, who was convicted of perjury because his testimony differed from Tim Russert's.
Mueller knows there is no crime but will continue to investigate, hoping to nail a witness for "perjury" like Scooter Libby. If there was evidence of criminal conduct against Trump for the 2016 election, he would be impeached. There is no such evidence.
The Destroy Trump Media are excited about the Donald Trump, Jr. meeting, but again, there is no crime. It was legitimate to see if the Russians had any evidence about Hillary, such as more evidence about her approval of the uranium deal or more speaking gigs for Bill Clinton.
Simply stated, there is no federal crime here.
If Mueller is the honest FBI man and prosecutor as portrayed, then he should close shop. If he does not, then Rosenstein should issue a detailed order specifying the conduct to be investigated, remove all attorneys who contributed to Hillary and worked for her foundation, and fire those leaking to the Destroy Trump Media.
Rosenstein should give a clear order about criminal conduct, not a fishing license.