Legal expert: NO AG appointed by Trump right now could oversee the Mueller investigation

[highplainsdem]

The legal expert is Elizabeth de la Vega. Her 10-tweet thread about this starts with this tweet:

Link to tweet

Is it necessarily true that Pruitt wouldn't have to recuse himself from the Mueller investigation if Trump appointed him AG? NO! Indeed, a fair reading of the DOJ Conflicts Rule, 28CFR45.2, suggests that NO AG appointed by Trump right now cd oversee the Mueller investigation. 1/

[marylandblue]

1. Thank you, just what I needed to hear.

[slumcamper]

5. Please--don't be lulled into a false sense of security.

Don't presume that the traditions and conventions of justice will prevail against an enemy of the state such as this, the likes of which this nation has never witnessed.

Please recall that candidate DJT bragged "I could stand in the middle of Fifth Avenue and shoot somebody and not lose any voters" (Sioux Center, Iowa, Jan. 23, 2016).

Reposing in the comfort of tradition and conventions is precisely what our enemies hope we will do. These will NOT serve us at this moment.

RESIST.

I understand how you feel. We must all fight back and win the moment, It starts in your neighborhood--remember: brick by brick, block by block, city by city, state by state--that's how we will change a nation and the world.

[marylandblue]

7. Yes that's true, and I think we must protest when he fires Mueller

But I also think the rule of law is still hanging on in this country and Mueller would be reinstated by the SCOTUS. This just adds to my thinking that the courts would reinstate Mueller.

[syringis]

10. Hi Marylandblue

He can't fire Mueller anymore

The way Mueller set the Russians indictment made it impossible. If he do, it will be de facto a case of obstruction.

[Nevernose]

2. Thats only true

If all parties involved agree to the rules. Trump doesn’t care what the rules are. The GOP Congress doesn’t care. Neil Gorsuch and much of the Supreme Court don’t care.

Our only recourse is voting in November.

[slumcamper]

6. Indeed--and fighting like hell every step of the way. n/t

[slumcamper]

3. I call BS--and here's why

BS b/c this "admin" has amply demonstrated its disdain for legal precedent, much less tradition and protocol, at EVERY twist and turn. Nothing that WE think matters actually matters relative to this admin's actions. Arguments otherwise steeped in reason (such as de la Vaga's), while offering consolation and hope to us, do a disservice to "the fierce urgency of now."

Such arguments--normal under any other circumstance--threaten to breed complacency in the moment. We cannot rest. We cannot repose in confidence within the embrace of legal tradition and time-honored notions of virtue and justice when the unvirtuous actions of an admin hell-bent on deconstructing the administrative state--by whatever means necessary--are unfolding at blinding speed. When we see the laughing faces of dim-witted and unserious fellow "citizen-voters" presumable entertained and laughing at 45 rallies, we must know that it is we who are called upon in this time to preserve the nation.

Screw the hope that justice will prevail. That ship alone cannot save us. This is not an ordinary context, and precedents are largely moot. This historical moment calls for extraordinary means and measures to quash the powers of fascism that threaten to usurp the rule of law and undermine our institutions.

I'm tired...hope you get what I mean. For fuck's sake and christ almighty, this is a FIGHT.

[tableturner]

4. This is big! K & R!

[BigmanPigman]

8. Ryan and McConnell run the show and nothing is going to hold him

accountable for anything as long as they run the government. They haven't so far so why would they change now? Protest in the streets and the halls of Congress as well as state capitals and local reps offices are the only option unless we win the midterms.

[syringis]

9. It is a basic rule

It is not at all my field , mine is Civil Law.

But this, is elementary. I don't know how it is called in our system, here it is "the secrecy of procedures". Since Trump is +/- involved, he can't get any information about the ongoing investigation(s).

Trumpig can dance naked in the middle of a square, Mueller will not care.

It is not for nothing that Mueller is so secretive. In comparison, the Sphinx is awfully talkative

[Gothmog]

11. I would feel better if congress approved an independent counsel