Paul Manafort‘s legal team brought a motion to dismiss on Tuesday, notingthat Rosenstein could not appoint Mueller to any investigation outside the scope of the 2016 campaign since Sessions did not recuse himself for anything outside the campaign. I agree with this take on Mueller’s authority. If we follow that argument that would mean Sessions himself has exclusive authority to appoint a special counsel for non-collusion charges, and Sessions has taken no such action. Sessions himself should make that clear to Mueller, rather than await court resolution. Doing so would remove three of the four areas of inquiry from Mueller’s requested interview with President Trump.
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