Why Mueller handed off the Cohen raid to a U.S. Attorney

“What we know about who did the FBI raid is just as important as the information we have on why they did it.” Mueller and Rosenstein turned to a US Attorney’s Office to strengthen their hand and create a back-up in case Trump fires them. My new post at Slate is here.

 

Author: Jed Shugerman

Jed Handelsman Shugerman is a Professor and Joseph Lipsitt Scholar at Boston University School of Law. He was at Fordham Law School 2013-2022. He received his B.A., J.D., and Ph.D. (History) from Yale. His book, The People’s Courts (Harvard 2012), traces the rise of judicial elections, judicial review, and the influence of money and parties in American courts. It is based on his dissertation that won the 2009 ASLH’s Cromwell Prize. He is co-author of amicus briefs on the history of presidential power, the Emoluments Clauses, the Appointments Clause, the First Amendment rights of elected judges, and the due process problems of elected judges in death penalty cases. He is currently working on two books on the history of executive power and prosecution in America. The first is tentatively titled “A Faithful President: The Founders v. the Unitary Executive,” questioning the textual and historical evidence for the theory of unchecked and unbalanced presidential power. This book draws on his articles “Vesting” (Stanford Law Review forthcoming 2022), “Removal of Context” (Yale Journal of Law & the Humanities 2022), a co-authored “Faithful Execution and Article II” (Harvard Law Review 2019 with Andrew Kent and Ethan Leib), “The Indecisions of 1789” (forthcoming Penn. Law Review), and “The Creation of the Department of Justice,” (Stanford Law Review 2014). The second book project is “The Rise of the Prosecutor Politicians: Race, War, and Mass Incarceration,” focusing on California Governor Earl Warren, his presidential running mate Thomas Dewey, the Kennedys, World War II and the Cold War, the war on crime, the growth of prosecutorial power, and its emergence as a stepping stone to electoral power for ambitious politicians in the mid-twentieth century.

3 thoughts on “Why Mueller handed off the Cohen raid to a U.S. Attorney”

  2. Why you are wrong…

    1) Mueller was appointed after Democrats sent a letter to Rosenstein to appoint a Special Prosecutor. While AG Lynch, during the Obama Administration, dismissed a Republican letter for her to appoint a Special Prosecutor for Hillary Clinton because of her personal ties to Hillary Clinton, Rosenstein was very quick to appoint a Special Prosecutor in the Trump Campaign Investigation.

    2) The Democratic paid Dossier led Rosenstein to authorize Mueller to talk to specific Trump Campaign members and get renewals for FISA warrants. DEMOCRATS from Congress also sent letters on specific people

    3) Michael Aventti, Stormy Daniels lawyer, admitted in a tweet that he led Mueller to go after Cohen. He said it was something he said on CNN and MSNBC. Rosenstein authorized this as well.

    4) The raiding of attorney client privileged Information is quite illegal and should be inadmissible in Court. As far as a magistrate judge signing off on the warrant, we don’t know if Mueller was allowed to take the attorney client privileged Information or he just did it anyway..plus the judge could have been biased as well.

    The fact people bring up MUELLER and Rosenstein are registered Republicans doesn’t mean anything. Anyone can register as anything plus look at these facts

    1) MUELLER served under the Obama Administration and is involved in an investigation of him possibly protecting Hillary Clinton and OBAMA in the Uranium One Investigation. There’s some reports that show he knew Hillary Clinton was receiving Clinton Foundation donations by Rosatom linked donors in an effort to buy her support and her to influence other departments.

    2) Rosenstein was appointed as US Attorney under Obama and also had involvement in many investigations into Hillary Clinton. Rosenstein was involved in the Whitewater Investigation and investigated both Hillary Clinton and Bill Clinton (strangely so was Comey). Rosenstein even interviewed Hillary Clinton in a Criminal case in 1998. Ultimately the Whitewater Investigation was shutdown except for then Independent Prosecutor Kenneth Starr citing Obstruction of Justice but unrelated to Whitewater itself. Rosenstein also wanted Comey fired because of his October release of reopening the Clinton email server Investigation.

    3) Mueller appointed 13 Democratic donors, many Hillary Clinton donors to his Prosecutor team and an FBI agent he chose and a DOJ member he chose were removed because the DOJ INSPECTOR GENERAL caught blatant bias against Trump and favor for Hillary Clinton.

    The many links of Rosenstein and Mueller to Hillary Clinton and being directed by DEMOCRATS is astounding.

    Seems like a biased witch hunt to me.

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