Wednesday, March 20, 2019

Leading Northern California Legal Practitioners and Scholars Analyze Mueller Probe


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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