Why A Federal Judge Is Questioning Mueller’s Actions

I am not a lawyer. Please understand that I do not fully understand all of the nuances of what I am about to write. The Conservative Treehouse posted an article today about some of the legal irregularities in the investigation being done by Special Prosecutor Robert Mueller.

The article reports:

Today U.S. District Judge T.S. Ellis III appears to have caught on to an explosive issue CTH noted yesterday.  In building the case against Paul Manafort, special counsel Robert Mueller’s team used the pre-existing FISA Title-1 warrant that was originally applied to U.S. person Carter Page and the Trump campaign.

Under normal criminal investigation any search warrant or surveillance warrant would normally proceed through U.S. courts, under Title-3, where the Mueller team would need to show probable cause for a warrant.  However, by using the Title-1 warrant from the FBI counterintelligence operation, as extended by AAG Rod Rosenstein, Robert Mueller was able to use far more intrusive and unchecked searches and seizures for his criminal probe.

In essence, Mueller’s investigation is using methods that are not within the bounds of the law.

The article details the events in the courtroom:

“You don’t really care about Mr. Manafort,” U.S. District Judge T.S. Ellis III told Mueller’s team. “You really care about what information Mr. Manafort can give you to lead you to Mr. Trump and an impeachment, or whatever.”

Further, Ellis demanded to see the unredacted “scope memo,” a document outlining the scope of the special counsel’s Russia probe that congressional Republicans have also sought. […] The Reagan-appointed judge asked Mueller’s team where they got the authority to indict Manafort on alleged crimes dating as far back as 2005.

The special counsel argues that Deputy Attorney General Rod Rosenstein granted them broad authority in his May 2, 2017 letter appointing Mueller to this investigation. But after the revelation that the team is using information from the earlier DOJ probe, Ellis said that information did not “arise” out of the special counsel probe – and therefore may not be within the scope of that investigation.

“We don’t want anyone with unfettered power,” he said.

Mueller’s team says its authorities are laid out in documents including the August 2017 scope memo – and that some powers are actually secret because they involve ongoing investigations and national security matters that cannot be publicly disclosed.

Ellis seemed amused and not persuaded.

He summed up the argument of the Special Counsel’s Office as, “We said this was what [the] investigation was about, but we are not bound by it and we were lying.”

He referenced the common exclamation from NFL announcers, saying: “C’mon man!” 

I understand the concept of a Special Prosecutor, but I feel like the office has been totally abused when it is called into play. It is time for Robert Mueller to write a summary of what he has found regarding Russian collusion during the election and shut the investigation down. He might also want to take a look at the collusion with Russia regarding the GPS Fusion documents, but somehow he seems to have overlooked those.