Jarrett - Appointment of MUELLER is crazy, DC praise of it mindless - Mueller has acute conflict of interest
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comments and news VIDEO from net, Posted in Law and Legal Matters
GREG JARRETT:
Robert Mueller has a serious conflict of interest that should disqualify him from serving as special counsel.
He has had a long and close relationship with someone who will surely become a pivotal witness -James Comey.
How can Americans have confidence in the results if they know the special counsel may harbor a conspicuous bias? They cannot. The conflict inevitably discredits whatever conclusion is reached. It renders the entire investigatory exercise suspect, and it only elevates the controversy surrounding it.
For this reason, Mueller should not serve as special counsel.
Conflict Defined
The law governing the special counsel (28 CFR 600.7) specifically prohibits him from serving if he has a conflict of interest in the case. The rule has been interpreted to mean that even the appearance of a conflict is sufficient for disqualification.
A conflict of interest is a situation in which an individual has competing interests or loyalties. The conflict itself creates a clash between that individual's self-interest or bias and his professional or public interest. It calls into question whether he can discharge his responsibilities in a fair, objective and impartial manner.
Identical rules govern prosecutors who, for example, must recuse themselves from handling a case against a person with whom they have worked or had a personal relationship. The same would be true if a prosecutor had a close relationship with a witness in the case. The prior association raises the real or perceived possibility of prejudice or favoritism which is contrary to the fair administration of justice.
So what exactly is Mueller's conflict? He and Comey are good friends and former colleagues who worked hand-in-hand at the FBI and Department of Justice. Agents will tell you they were joined at the hip.
Comey regards his predecessor as a mentor, while Mueller considers Comey his protégé. When Comey was appointed to succeed Mueller as FBI Director, both men appeared together and were effusive in their praise of one another. Their relationship is not merely a casual one. It is precisely the kind of association which ethical rules are designed to guard against.
Even if Mueller takes pains to avoid partiality, how can anyone be assured he will succeed? Even impeccably honest people can be subject to influence in ways they don't even recognize themselves. It is the human condition. Which is precisely why there are legal and ethical rules which demand recusal based on prior relationships.
If Robert Mueller truly embraces a fidelity to the law and all its attendant principles of ethics, then he should disqualify himself from serving as Special Counsel.
Anything less threatens to subvert the rule of law and the trust Americans must have in their system of justice.
Gregg Jarrett is a Fox News Anchor and former defense attorney.