>>2193562
Article discussing Mueller appointment under 28 USC Section 515
Second, and more fundamentally, the predicate of the argument is simply mistaken. As I explained here back in August, Rosenstein almost certainly did not appoint Mueller pursuant to section 600.4–or pursuant to the Special Counsel regulations at all. In his appointment order, Rosenstein did not say that he was appointing Mueller pursuant to, or “under,” the regulations. Nor did he cite the provision of the regulations, Section 600.1, that governs the appointment of a Special Counsel from outside the Department. Instead, he wrote that he was acting “[b]y virtue of the authority vested in me as Acting Attorney General, including 28 U.S.C. §§ 509, 510, and 515, in order to discharge my responsibility to provide supervision and management of the Department of Justice.”(In particular, section 515 provides that “any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrate judges, which United States attorneys are authorized by law to conduct.”)
https://www.justsecurity.org/50434/flaws-manaforts-suit-including-fundamental-mistaken-assumption-rosenstein-appointed-muller-pursuant-doj-regulations/