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Old 05-07-2020, 08:38 PM   #15
Pete F.
Canceled
 
Join Date: Jun 2003
Location: vt
Posts: 13,069
The AG dropping the case on Flynn turns the entire purpose of the Special Counsel regs on its head. The SC is appointed *precisely* to insulate an investigation from influence by a political appointee, namely, the AG.
The opportunity to object to investigatory and prosecutorial decisions taken by the Special Counsel was in the hands of Rod Rosenstein (Trump's own appointee), during the course of the investigation. Rosenstein had to APPROVE each major step, and he did.
These decisions have already been vetted. Once by Rosenstein, and then again by a separate branch of government: the judiciary. Judge Sullivan had to review the case, and accept Flynn's plea. His view was that Flynn "arguably sold out the country."
It makes zero sense to appoint a Special Counsel, have his decisions reviewed and approved by both the DAG and a fed judge, and allow a future AG to come in and simply substitute his judgment. Especially an AG who lied about the findings of the investigation from the get-go.
Had Rosenstein overruled Mueller's decisions, he would have been required to notify Congress, and explain his reasons. Barr needs to answer to the judiciary committees for his actions -- these decisions are, ultimately, not really his to make if the SC regs mean anything.
Basically, Barr provides the workaround for any future president (D or R) for whom a Special Counsel is appointed. Let the investigation take its course. Then fire the AG who appointed him. Hire another, who undoes and dismisses all the actions the SC took. Voila!
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