Today: Gregg Jarrett- former defense attourney - now commentator at FOX news ... quotes the same laws that I did.
http://www.foxnews.com/opinion/2017/06/12/gregg-jarrett-are-muller-and-comey-now-acting-in-concert-as-co-special-counsel.html
Gregg Jarrett: Are Mueller and Comey ‘colluding’ against Trump by acting as co-special counsel?
Gregg Jarrett
By Gregg Jarrett
Published June 12, 2017
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The same Code of Federal Regulations defines what constitutes a conflict. That is, “a personal relationship with any person substantially involved in the conduct that is the subject of the investigation or prosecution” (28 CFR 45.2). Comey is that person. He was substantially involved in the conversation with President Trump which may be the subject of an obstruction investigation. In fact, the former Director is the only other person involved. There were no witnesses beyond himself.
A conflict of interest is a situation in which an individual has competing interests or loyalties. Here, it sets up a clash between the special counsel’s self-interest or bias and his professional or public interest in discharging his responsibilities in a fair, objective and impartial manner. His close association with the star witness raises the likelihood of prejudice or favoritism which is anathema to the fair administration of justice.
Mueller has no choice but to disqualify himself. The law affords him no discretion because the recusal is mandatory in its language. It does not say “may” or “can” or “might”. It says the special counsel “shall” recuse himself in such instances.
An excellent post by Robert Barnes, a constitutional lawyer, identifies five statutes, regulations and codes of conduct that Mueller is violating because of his conflict of interest with Comey. Byron York, chief political correspondent for the Washington Examiner recounts in detail the close personal relationship between Mueller and Comey which gives rise to the blatant conflict of interest.
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