https://thehill.com/opinion/criminal-justice/408425-trump-should-insist-on-declassification-of-mueller-documents
It has been 16 months this week since Deputy Attorney General Rod Rosenstein appointed Robert Mueller III as a special counsel to “investigate any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” as described in Mr. Rosenstein’s May 17, 2017, letter appointing the special counsel.
But that appointment letter ignored the Department of Justice’s (DOJ) special counsel regulations set forth in 28 CFR SEC. 600 et seq., and the standards and regulations published by the DOJ in the “Domestic Investigations and Operations Guide” (DIOG) that require a predicate criminal offense before an investigation can be commenced.
Under the department’s guidelines, the agency is permitted “to conduct investigations to detect, obtain information about, and prevent and protect against federal crimes,” requiring some reasonable basis for commencing an investigation after having first identified “a particular crime or threatened crime.” Yet, the authorizing letter appointing the special counsel contained no “particular crime or threatened crime” by the president or his campaign, and none has been identified since, despite issuance of a later memo on Aug. 2, 2017, purporting to amplify the earlier appointment.
The president has now retracted his recent request for declassification and release of DOJ/FBI material that would shed defining light on the supposed crime (or, perhaps, lack thereof). It would be important in addition to have full, unredacted disclosure of the August 2017 Rosenstein memo to Mueller elaborating on his mission about which there should be no secrecy. But the DOJ and, now, the United Kingdom appear determined to continue to resist disclosure.