28 CFR 45.2 – Disqualification arising from a personal or political relationship.
It is important to note that this article about their friendship was written in 1999, years before this issue arose, so it was not politically motivated. (Source)
The only reason he will not be removed is that there are too many spineless wiesles in the Republican party.
We Specialize In Bungling Cases, Ignoring Legal Standards, And Bringing Down Presidents.”
I have not yet received the announcement in the mail. But I expect it will arrive any day now.
After all, Robert Mueller and James Comey appear to be acting in concert as co-special counsel.
Why not make it official with a formal notice of their union?
It was obvious it would evolve this way from the very moment Mueller was named on May 17th.
Which is why this column was written, two days later, arguing that Mueller should resign as special counsel.
He has a flagrant conflict of interest that disqualifies him from serving.
To wit, his personal and professional closeness to Comey.
They have long been allies.
Comey regards his predecessor at the FBI as a mentor, while Mueller considers Comey his protégé.
Typically laws aren’t perfectly clear.
This one is! § 45.2 Disqualification arising from personal or political relationship.
Please see the entire article, reasons, and the law below.
(a) Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with:
(1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or
(2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.
(b) An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher. If the supervisor determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:
(1) The relationship will not have the effect of rendering the employee’s service less than fully impartial and professional; and
(2) The employee’s participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.
(c) For the purposes of this section:
(1)Political relationship means a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof; and
(2)Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality.
An employee is presumed to have a personal relationship with his father, mother, brother, sister, child and spouse. Whether relationships (including friendships) of an employee to other persons or organizations are “personal” must be judged on an individual basis with due regard given to the subjective opinion of the employee.
(d) This section pertains to agency management and is not intended to create rights enforceable by private individuals or organizations.
Tom Del Beccaro:
August 7th, 2017