The American Constitution Society, San Francisco Bay Area
Chapter presented a panel discussion on “The Presidency, the Special Counsel,
and the Rule of Law” in San Francisco on Wednesday, March 20th. Special Counsel Robert S. Mueller III
receives regular media attention, but the legal authority for his probe is
often overlooked.
Deputy U.S. Attorney General Rod Rosenstein, in a capacity
as “Acting Attorney General,” appointed Special Counsel Mueller under Order No.3915-2017, “Appointment of Special Counsel to Investigate Russian Interference
with the 2016 Presidential Election and Related Matters.” The legal authority cited in his order
included 28 U.S.C. §§ 509, 510, and 515 and Sections 600.4 through 600.10 of
Title 28 of the Code of Federal Regulations.
The reasons cited for the investigation are “to ensure full and thorough
investigation of the Russian government’s efforts to interfere in the 2016
presidential election” and “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.”
The order specifically authorizes investigation into “(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 of
may arise directly from the investigation; and (iii) any other matters within
the scope of 28 C.F.R. § 600.4(a).”
An impressive panel of northern California legal practitioners and scholars, including former San Francisco U.S.
Attorney Melinda Haag and Keker & Van Nest name partner John Keker,
presented their perspectives.
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