Paul Manafort‘s legal team has presented a motion to dismiss as he faces charges that could lead to a virtual life sentence if he were to be convicted.
U.S. District Judge T.S. Ellis III, the federal judge who is overseeing one of the cases that Manafort faces wrote:
Given the nature of the charges against the defendant and the apparent weight of the evidence against him, [Manafort] faces the very real possibility of spending the rest of his life in prison.
The former advisor to the Trump campaign faces 30 criminal charges with trial dates set for July 10 in Virginia, and September 17 in Washington.
Manafort’s defense team noted that Deputy U.S. Attorney General Rod Rosenstein did not have the Constitutional authority to appoint Robert Mueller to anything outside an investigation of the 2016 presidential campaign. The reason – Attorney General Sessions only recused himself from investigating the campaign and nothing else.
If one is a Constitutionalist they would have to agree. Only Jeff Sessions had the authority to appoint a special counsel in the suspicion of collusion investigation and Sessions should make that clear to Mueller. That alone would bring 75% of Mueller’s investigation to a screeching halt. The appointment clause of the Constitution calls for nothing less.
The Federal Court in Washington ruled in 2006 that the Department of Justice has the Constitutional obligation to “direct and supervise litigation”. That obligation falls directly on Jeff Sessions.
Sessions notifying Mueller of such whole place him on notice that he does not have the authority to act outside of campaign-related cases thus protecting defendants like Manafort from the inappropriate use of the federal grand jury.
Sessions recusal letter contains an important phrase that should not be overlooked, minimized, or ignored. He wrote that he limited his recusal to:
“any existing or future investigations of any matters related in any way to the campaigns for President of the United States.”
His recusal letter limited the scope of that recusal to the 2016 campaigns. Constitutionally, the Attorney General Sessions has a “duty to direct and supervise litigation” carried out by the Department of Justice.
The Appointment Clause of the Constitution ensures that democratic process controls the appointment of as “all but inferior” officers. That means the President alone appoints along with the Senate’s advice and consent.
President Trump had the authority to appoint Jeff Session to the office of Attorney General and the Senate approved. Sessions had the constitutional right to recuse himself from investigating the election and he passed that to Representing. At that point, things broke down. Rosenstein only had the authority to pass to Mueller what had been passed down to him. Now Robert Mueller and his heavily Democrat tilted appointments are investigating anything remotely tied to President Trump.
There is no greater domestic power the Executive Branch holds than to convene a federal Grand Jury. Once it is formed, a Grand Jury can legally subpoena anyone’s testimony and records, access their tax records, seek warrants to spy on their activity, search and seize property, or threaten any of the above.
Because of its power, the right to convene a grand jury is limited to democratically-appointed, principal officers. Not being appointed by the President, Robert Mueller cannot act legally except as an “inferior” officer. That means he is limited to the stated subject of his investigation. Only someone with a superior position has the Constitutional right to widen the scope of that investigation. As the Federal District Court of Washington stated:
The special counsel cannot act outside the bounds of either his limited jurisdiction or without regard for Department of Justice policies and regulations. … the Special Counsel does not wield unlimited authority.
Mueller’s legal mandate is not to “get Trump” and anyone who ever worked for him. His authority is limited to “links between the Russian government and individuals associated with the campaign of President Donald Trump.”
By making such an open-ended mandate to Muller, Rosenstein opened the door to what we see now – resurrecting 2005 tax crimes, 2010 bank fraud crimes, 2013 foreign agent crimes. All that is far beyond the scope of the 2016 election.
It is Sessions’ Constitutional duty to notify Mueller that he has traveled far beyond the limits of what his “inferior” position allows.
Some call the motion to dismiss a ‘hail Mary’ but the Constitution says its the law!
~ American Liberty Report