On Monday, President Donald Trump tweeted video of two constitutional scholars, Mark Levin and Law Professor Dr. John Eastman, explaining how appointment of Special Counsel Robert Mueller violated Justice Department Regulations.
Tweeting a clip from Sunday’s Levin-hosted “Life, Liberty and Levin” program on Fox News, Trump declared the analysis a brilliant explanation of why Mueller’s Trump-Russia investigation was “a total scam”:
“Brilliant Constitutional Lawyer, Dr. John Eastman, said the Special Prosecutor (Mueller) should have NEVER been appointed in the first place. The entire exercise was fundamentally illegal. The Witch Hunt should never happen to another President of the U.S. again. A TOTAL SCAM!”
Brilliant Constitutional Lawyer, Dr. John Eastman, said the Special Prosecutor (Mueller) should have NEVER been appointed in the first place. The entire exercise was fundamentally illegal. The Witch Hunt should never happen to another President of the U.S. again. A TOTAL SCAM! pic.twitter.com/5sRAMhHAR8— Donald J. Trump (@realDonaldTrump) July 8, 2019
In the video, Levin and Eastman explain that Mueller’s appointment violated Justice Department regulations, because none of the requirements for a special counsel existed. They also detail how Mueller’s handling of his final report also violate regulations, because a special counsel’s report is supposed to be produced for the attorney general’s eyes only – not for public consumption.
Dr. Eastman: “This whole special prosecutor should never have been appointed in the first place.”
Levin: “I want to get to that; this is very, very important. The entire exercise was fundamentally illegal, wasn’t it?”
Eastman: “Well, it was. There is a very specific Justice Department guideline.”
“We recognize that, on occasion, prosecutors will be so conflicted because the target of the criminal investigation is their boss – or their ultimate boss, the president of the United States. And, so, there is very specific Justice Department policy.
“When that’s the case, when there is credible evidence of a crime having been committed by somebody at the top of the food chain over here, we’re going to appoint a special prosecutor to give some arms’ length from the chain of command.”
Levin: “And, what was the crime that was alleged that was violated?”
Eastman: “Well, there wasn’t one. And, what we had was an intelligence-gathering operation, which was not a criminal investigation, at all.
“So, on two fronts, it was intelligence gathering, on which there are no limits because we’re trying to defend our national security – and, therefore, not a crime – and, nobody in the administration itself accused with any evidence of a crime.
“So, those two components – which are essential criteria for the appointment of a special prosecutor – did not exist. And, they knew it didn’t exist.”
Levin: “They knew it didn’t exist; they appointed the special prosecutor under the regulations, anyway.
“The report is produced – that really violates the regulations, too, because it’s intended to go to the attorney general; it’s intended to be confidential. They know he’s going to make it public, so they write a different kind of report.
“Two regulations, really, are violated: the appointment of the special counsel, the conduct of the special counsel with respect to his report.”