Independent Counsel – Mechanisms For Bringing Down A U.S. President

By Roger J. Katz, Attorney at Law and Stephen L. D’Andrilli
Renegade U.S. Department Of Justice: Deputy Attorney General Rod Rosenstein uses outside private counsel, Robert Mueller, in shameful bid to destroy U.S. President Trump; and Republicans condone, applaud, even protect Mueller’s Appointment.

New York, NY  -(Ammoland.com)- “Qui Pro Domina Justitia Sequitur” (“He Who Does Justice in the Name of the Queen”) —Motto of the U.S. Department of Justice.

A professor of law writes: “The Seal of the Department of Justice, dating to the Nineteenth Century, notoriously features an enigmatic Latin motto: ‘Qui pro domina justitia sequitur.’  Over the years, the motto and its proper translation have provided a source of bafflement, particularly to those trained in Latin, for the motto does not reflect proper classical Latin grammar nor is it easily rendered into intelligible English syntax. Happily, however, there is a canonical DOJ explanation of the motto’s meaning and import, if not a satisfying historical or linguistic one. The canonical explanation has it that representatives of the English Crown, appearing in court, would identify themselves as ‘qui pro domina regina sequitur’ – ‘[one] who prosecutes for our Lady the Queen,’ and that Attorney General Jeremiah S. Black (in office from 1857 to 1860) thought it fitting to adapt the phrase for this country to reflect that here, the Attorney General appears on behalf of justice itself. This quaint history reflects a deeply held ideal of justice impartially and impersonally meted out by attorneys for the United States of America – similar to the traditional depiction of Lady Justice herself as one blindfolded. The power of the DOJ, after all, includes the awesome power of the state to bring prosecutions that might deprive one of property, liberty, or life itself. The DOJ has a strong institutional interest, therefore, in preserving an image of impartiality in the execution of its mission.” ARTICLE: “Who Is the Attorney General’s Client?”, 87 Notre Dame L. Rev. 1113, 1133, by William R. Dailey

We look to the peculiar and outrageous goings-on at DOJ, namely and specifically, to the matter of appointment of outside counsel, Robert S. Mueller III. Here is a man who, with shameless aplomb, dares to attack the United States President, Donald Trump. DOJ “employs” Robert Mueller to do what it would be unseemly for DOJ itself to do—namely to bring down the U.S. President. The DOJ cannot attack the U.S. President overtly. That, of course, would be unseemly. After all, DOJ owes its loyalty to the President and, so, it must look elsewhere. It must look outside the Department for someone to do what it sees as—what it knows to be—“dirty work.” It must look for outside counsel to do the job of an assassin. It must look for someone who owes no loyalty to the U.S. President and who has no qualms about lynching the U.S. President.

But, in securing the services of an outside assassin to bring down a U.S. President, one might well ask whether the motto of DOJ operates as a solemn pledge of adherence and service to the law and to its fealty to the U.S. President as, perhaps, originally intended, at least overtly, and not, as representing something beneath the surface—an act of defiance—a secret pledge or oath of allegiance to someone or something wholly outside the purview and constraints of U.S. law, and something wholly outside service to this Nation, and something wholly outside control of the Executive Branch of this Government, under which the Department of Justice falls and to which it owes some measure—some modicum, at least—of loyalty.

The Appointment Of Independent Counsel, Robert Mueller, Is An Apostasy

The appointment of Independent Counsel, Robert Mueller, will go down in the annals of American jurisprudence as one of the most reprehensible, despicable acts undertaken by the DOJ (Department of Justice) in modern times.  Robert Mueller should be removed from his position before he does any further damage to this Nation; before he does any further damage to this Nation’s laws; and before he does any further damage to the Executive Branch of Government. Yet, a bill, recently introduced by Senator Thom Tillis (R-N.C.), if enacted, would allow Robert S. Mueller to challenge the President of the United States in Court if the President attempts to remove Mueller from his appointment as Independent Counsel. Senator Tillis illustrates either pig-headed belief in his own certitude that what he is doing is morally right and defensible in having introduced his bill, or he is secretly conniving with those Democrats and other, unsavory interests that seek to bring down the U.S. President, Donald Trump.

As reported by Fox News, Senator Tillis says, “This is about the Department of Justice. . . . This is about my confidence in the attorney general and my confidence in a Department of Justice to move forward in an appropriate manner. . . . We don’t want to restrict the administration’s authority or the Department of Justice from removing a counsel. We just want to make sure to the American people they can be convinced it was done for the right reasons.” Really? Who is Senator Tillis fooling? Is he attempting to fool the American people, or only himself in having concocted an outrageous Senate bill?

What Is The True, Apprehended Nature Of DOJ’s Fault?

DOJ has, through appointment of Independent Counsel, Robert S. Mueller, compromised its duty to safeguard the laws of this Nation and has compromised its duty to safeguard this Nation’s most sacred and profound institutions of which there are three, and only three, as set forth precisely in the United States Constitution. They include: one, the Legislative Branch, comprising the two Houses of Congress, charged with making the Nation’s laws; two, the Executive Branch, comprising one individual, namely, the President of the United States, who, alone, under our Constitution, is specifically and expressly charged with faithfully executing such legitimate laws that Congress makes; and, three, the Judicial Branch, comprising the United States Supreme Court and such lesser Courts, including, inter alia, the United States Circuit Courts of Appeal and United States District Courts, that, together, are charged with interpreting this Nation’s laws.

The DOJ is, first and foremost, an instrument of the Executive Branch, and therefore falls under the control of the U.S. President, alone. Make no mistake about it. DOJ does not fall under the purview of Congress; and it doesn’t fall under the purview of the Judiciary. Among the Departments and agencies through which the Executive Branch—namely the U.S. President—executes and enforces the laws that Congress makes, “Presidential control over DOJ arguably is more important than presidential control over any other agency because DOJ goes to the core of the president’s duty to faithfully execute and enforce the laws. The president ‘must have the ability to closely oversee such activity, in order that he may understand the difficulties of enforcement and the possible ramifications of those difficulties for his own national policies.’” NOTE: “Loyalty In Government Litigation: Department Of Justice Representation Of Agency Clients,” 37 Wm. & Mary L. Rev. 1569, 1611, James R. Harvey III. 37 Wm. & Mary L. Rev. 1569, 1611.

Why Did The Deputy Attorney General, Rod Rosenstein, Appoint Outside Counsel To Handle The Russian Probe In Lieu Of Handling The Matter, In-House?

The Deputy Attorney General Rod J. Rosenstein’s appointment of Robert S. Mueller III, as Independent Counsel, ostensibly to undertake an investigation of purported Russian influence in the 2016 U.S. Presidential election cycle, operates as a devious and insidious attempt to wrest control of DOJ from the United States President; and the U.S. President, Donald J. Trump, expressed his rightful indignation of Attorney General Jeff Sessions’ unilateral decision to recuse himself in matters pertaining to the Department’s probe into allegations of Russian meddling and interference in the Nation’s 2016 U.S. Presidential election; for, this careless decision to recuse gave an opening to those secretive forces both inside and outside this Nation that seek to destroy the Trump Presidency. For, no sooner had Trump’s Attorney General, Jeff Sessions, recused himself from all matters pertaining to the Russian probe than the Deputy Attorney General, Rod Rosenstein, took it upon himself—or possibly acted on instructions of others, in the Shadow Government, who gave Rosenstein the green light—to appoint outside Counsel, that Rosenstein knew or should have known would eventually attack the Nation’s President, which, of course, has now happened. But, in appointing outside Counsel to do the unpleasant, revolting and, in this instance, illegal job of taking down a sitting U.S. President, the DOJ could argue that it wasn’t by its own actions, but, rather, that it was through the actions of another, that the Nation’s President is attacked. Thus, DOJ could point to plausible cover insofar as it is outside Counsel’s that has undertaken to bring down a U.S. President, whom DOJ otherwise would have had an obligation to protect, as Rod Rosenstein would insist that it wasn’t DOJ that is bringing action against the Second Branch of Government, the Executive—which is to say, the U.S. President. Rather, Rosenstein would insist that it is outside, private—independent—counsel that is bringing action to bear against the Second Branch of Government. But, is that true? Can DOJ truly hide behind appointment of outside Counsel, here? Is that not merely a façade, plain to all to see?

The decision of the Deputy Attorney General to employ outside counsel, ostensibly to investigate allegations of Russian influence and meddling in the 2016 U.S. Presidential election cycle, operates as an attempt to disengage the DOJ from what would otherwise present itself as a blatant attack on the sanctity and inviolability of the Office of the U.S. President, itself. In that regard, the American people should be clear that what is at stake here is the very existence of our Nation as a free Republic.

Robert S. Mueller, having accelerated the audacity of his assault on the U.S. President—having had, in recent days, the incredible impertinence to empanel a grand jury—clearly intends, through use of a grand jury, to discredit and eventually destroy the Trump Presidency. Thus, months of Democratic Party collaboration with mainstream media, along with the acquiescence of and, indeed, even with the disgusting active participation of some members of the Republican Party to thrust, endlessly, monotonously, repetitively, before the consciousness of the American public, notions of Russian interference in the U.S. election—preposterous, even imbecilic as those notions are—as if the Russians could truly impact our elections and our Democratic processes (which credits the Russians with much and at once belittles our Nation’s fortitude)—brings to fruition and crystal clear clarity, the true objective of those dark influences and forces and instrumentalities behind the Shadow Government. It is no less than the singular desire to topple the Trump Presidency.

Yet, in their zeal to destroy our Country as an independent sovereign Nation and to undercut the United States Constitution—all in an unholy attempt to create their New World Order—those secretive, powerful, wealthy and ruthless interests, both inside this Nation and outside it, are scarcely able to hide the illegality of their actions. For, it is highly questionable whether a sitting U.S. President can be indicted for a crime, prior to impeachment. Yet, Robert Mueller’s empaneling of a grand jury presumes a U.S. President can be indicted for a crime while sitting in Office. If so, then the Executive Branch of Government is under a coordinated, illegal attack. But, where is “the Press,” in all of this? Where is the righteous indignation of the Press qua mainstream media? Clearly, the Press chooses not to entertain the illegality of Mueller’s actions, and some Congressmen presume that U.S. President, Donald Trump, can be indicted for a crime while still serving in Office—assuming probable cause for having committed a crime at all—a ridiculous, absurd notion at best. Empaneling a grand jury on a sitting U.S. President is a brazen, arrogant, foolhardy, clearly illegal action, illustrative, too, of slipshod legal thinking and rancor on the part of Robert Mueller. Mueller’s actions to date show absolutely no restraint. And, neither DOJ nor Congress shows any inclination to keep Mueller restrained, on a tight leash—if either wishes to keep Mueller operating in disregard to the well-being of this Nation, and its people, and its laws, at all. Rather, Congress and DOJ have allowed Mueller to operate freely, without restraint, to create disarray, disharmony, and destruction, like a rabid dog, completely, untethered and uncontrolled. The American public bears witness to the fact that Congress and elements in DOJ—most notably and notoriously, Rod Rosenstein—and outside counsel, Robert Mueller, endanger the sanctity of our Republic and of our Constitution.  

Who Is At Fault Here?

Greatest fault rests upon the Deputy Attorney General, Rod Rosenstein. He employed a little known, and dubious Rule—28 CFR § 600.1—to appoint outside, independent counsel to undertake an open-ended, and ill-defined, and unconstrained investigation into allegations of Russian meddling and interference in the 2016 U.S. Presidential election—a matter that, even if true, lies altogether outside the purview of independent counsel, as such matters fall only within the purview of the FBI, a Governmental Bureau. It is the FBI that engages in counterintelligence and counterespionage operations and investigations. It is not the role of private counsel to engage in such undertakings and Rod Rosenstein had no rational or legal basis to appoint independent counsel to engage in a probe against Russia that has now metastasized—as Rod Rosenstein should have anticipated, and certainly desired, and probably knew would accrue—into an illegal investigation of the U.S. President, himself.

Some fault also rests with the Attorney General. Jeff Sessions must be faulted. The U.S. President had good cause to question Jeff Sessions’ unilateral decision to recuse himself in matters pertaining to allegations of Russian influence in our electoral process; for, having recused himself, that action allowed dark influences within our Government to use their tool, the Deputy Director, Rod Rosenstein, to grant a private attorney, Robert Mueller, carte blanche, to undermine the Nation’s Second Branch of Government, the Executive.

We could, of course, also legitimately blame the mainstream media, and Congressional Democrats, and many Congressional Republicans as well, for creating the false impression that Rod Rosenstein and Robert Mueller are honorable men, who uphold the rule of law and who have the best interests of our Nation at heart, when, on the basis of the evidence, on balance, nothing could be further from the truth. But, then, the mainstream media outlets are nothing more than propaganda peddling sources that serve not the American people and serve not our Nation’s interests, but serve only the goals of the immensely wealthy and powerful and secretive and ruthless and decadent forces that reside both inside and outside our Nation and that seek to destroy this Nation, relying, ironically, on the First Amendment’s Freedom of the Press protection, to undermine rather than strengthen our Nation’s institutions, our Nation’s core values, and our Nation’s sacred history and traditions, and our Nation’s inviolate Constitution. And, many members of Congress have much to answer for, too, as their poisonous intentions, in this ungodly endeavor, clearly percolate through their lofty words.

Thus, at the end of this essay, we return to the beginning and assert, once again: “Qui Pro Domina Justitia Sequitur” (“He Who Does Justice in the Name of the Queen”). Indeed, He Who Does Justice in the Name of the Queen! Certainly, it is no one we can see in Justice who does Justice, here, in the name of the U.S. President, or in the name of our Nation and of its People, or in the name of our Nation’s laws! Perhaps, then, Justice is done, if done at all then, alone in the Name of the Queen, or in the name of some other disgusting, obsolescent, loathsome, leprous New World Order “elite.”

We continue our critical analysis of the undermining of a U.S. President in forthcoming articles.

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