Paul Manafort lawyers announced that he will be suing Robert Mueller over his expansion of the investigation into issues completely unrelated to the alleged Russian hacking of the 2016 election. Paul Manafort’s case should be assigned to a judge sometime within the next week.
Manafort’s lawsuit asserts that the original Appointment Order given by Acting Attorney General Rod Rosenstein to Robert Mueller was “arbitrary and capricious” and was not legal under the law.
In the order Robert Mueller was given authority to investigate “links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump.” Rosenstein added that Mueller is also granted the authority to investigate “any matters that arose or may arise directly from” his investigation into Donald Trump’s ties with the Russian government.
Manafort’s lawsuit states that Rosenstein’s Appointment Order was in violation of the law:
The actions of DOJ and Mr. Rosenstein in issuing the Appointment Order, and Mr. Mueller’s actions pursuant to the authority the Order granted him, were arbitrary, capricious, and not in accordance with the law under 5 U.S.C. §706. By this action, Mr. Manafort asks this Court to hold those actions ultra vires and set them aside. Id. Like the independent counsel statute that came before it, this Appointment Order “ought to be shoved firmly back into the ice from which it was initially untombed.”
His lawsuit also states that the Appointment Order was also in violation of the rules of Department of Justice stating that special counsel regulations specifically requires a “specific factual statement” of the “matter to be investigated.”
This means that an investigation cannot have an open ended investigation order.
The lawsuit states that if the special counsel wants to expand the investigation, they have a provision that allows them to do so. This requires the special counsel to go to the Attorney General, in this case Rod Rosenstein as acting Attorney General, and ask for them to authorize an expansion of their jurisdiction.
The case should be brought before a judge soon and injunction relief may come shortly thereafter, which would halt the Robert Mueller investigation in its tracks. Unfortunately, due to the politicization of the judiciary, it may require a judge that was not appointed by the last president in order to obtain a fair hearing.