Earlier this month, Judge TS Elliot ordered Mueller’s team to had over the memo, saying they should stop acting as if they have “unfettered powers” and don’t answer to anyone. Mueller’s capitulation shows that he know’s he’s losing every battle.
Ellis wanted to see a copy of the highly secret Aug. 2017 memo from Deputy Attorney General Rod Rosenstein, which details Mueller’s mandate for alleged collusion between President Donald Trump‘s campaign and Russia during the 2016 presidential election. When Attorney General Jeff Sessions recused himself from the Russia investigation, it led to Rosenstein overseeing Mueller’s probe.
The secretive memo has likely only been viewed by a small group of people, as no one outside of Mueller’s office and Rosenstein have actually seen what is says. Ellis requested access to the memo in the case involving former Trump campaign manager Paul Manafort, who has been charged by the special counsel’s office for crimes related to tax evasion and bank fraud.
Mueller’s team argued in court that Rosenstein’s memo gave the special counsel’s office permission to charge officials for crimes unrelated to alleged Trump-Russia collusion.
Manafort’s legal team argued Rosenstein gave Mueller too wide of a net to cast, claiming the special counsel has no authority to charge him for alleged tax crimes dating back decades.
It’s unclear what the memo says, but we know Ellis didn’t take Mueller’s word for it in court. Ellis ordered the special counsel to hand over the secret memo, essentially telling a courtroom that he doesn’t view Mueller as honest or trustful. That’s a huge admission from a federal judge.
This is just the latest blow to Mueller’s efforts to derail Trump’s presidency.
Earlier this week, Mueller informed Trump’s legal team that the special counsel’s office does not have the legal authority to indict the president. Mueller’s team has been leading a witch hunt for a year, yet they waited this long to admit they don’t have any legal authority to indict the president?
Are they incompetent or did they just deliberately waste tens of millions of dollars in taxpayer funds?
But more importantly, Rosenstein giving secret authorization to Mueller so he can pursue Manafort for crimes that allegedly occurred more than a decade ago should raise serious questions. Why has this memo been kept a secret for a year?
Why won’t the Department of Justice be transparent and show the public the scope of Mueller’s investigation? Don’t the taxpayers, who are funding the witch hunt, have the right to see Mueller’s job description and what he is allowed to investigate?
The DOJ and Mueller don’t want us to see the memo, but Ellis is forcing their hand. It’s unclear if Ellis will reveal the content of the memo to the public, but he is expected to make his ruling in the Mueller-Manafort hearing in the coming weeks.
If he rules that Mueller acted outside of his legal authority, it could result in all of his work this past year being challenged in court or completely thrown out.