Paul Manafort is absolutely correct. The Department of Justice authorization for Robert Mueller’s so called Russia probe is fundamentally unconstitutional; however, Manafort seeking injunctive relief from Mueller’s unilateral persecution is equally so.
The United States Constitution vests “all executive power” in the President of the United States, which means the President is the supreme authority over all components of the Executive Branch; including any person or persons commissioned to act with the powers of the executive branch.
Deputy Attorney General Rod Rosenstein was either grossly incompetent; or willfully committed malfeasance when he presumed to empower Robert Mueller; unfettered by constitutional constraints; to conduct, at his discretion, McCarthy style investigations into matters patently extraneous to both Russia and the election; implicitly authorizing him to violate Americans’ 4th and 5th amendment rights in the process.
The sole basis for investigating so called “Russian meddling” in the 2016 presidential election is that Hillary Clinton did not win and Donald Trump did. There was and is no evidence that any action, by any person or persons, resulted in the casting or counting of any votes in a manner that would invalidate the election results, so that there was no probable cause for the DOJ to launch a criminal investigation or enlist the services of Mueller.
Paul Manafort should withdraw his lawsuit. The judiciary cannot usurp the Executive to give orders to Mueller; and even if it presumed to issue an injunction it would be ephemeral.
Manafort should instead file a motion to dismiss Mueller’s charges because the order authorizing the investigation fails to identify a specific crime which is a prerequisite for issuing a valid search warrant. An invalid warrant means an illegal search; the fruits of which are inadmissible.
President Trump, as supreme executive authority, is ultimately accountable for Rosenstein’s illegal order. He must therefore, dismiss Rosenstein as well as Mueller. The President should also reprimand US Attorney General Jeff Sessions for empowering Rosenstein to write an authorization for which he lacked the competence and or integrity to write.