Concord Management and Consulting, a company allegedly involved in a Russian troll farm scheme, lost its challenge of Mueller’s authority this week.
“The Special Counsel may investigate the Russian government’s interference ‘efforts,’ which involved non-governmental third parties,” the Trump-appointed Judge Dabney L. Friedrich ruled. “Concord’s alleged actions are therefore within the scope of the Special Counsel’s investigation.”
The court then dismissed Concord’s motion to dismiss the indictment. What it means: Every single person who has challenged Mueller’s authority has lost.
https://lawandcrime.com/high-profile/every-single-person-whos-challenged-muellers-authority-has-lost/
Case 1:18-cr-00032-DLF Document 58 Filed 08/15/18 Page 40 & 41
Authority to Prosecute Concord
Concord also contends that the Special Counsel exceeded his authority under the
appointment order by investigating and prosecuting Concord. Concord Mem. at 61–62. The
appointment order authorizes the Special Counsel “to conduct the investigation confirmed by
then-FBI Director James B. Comey,” i.e., the investigation of “the Russian government’s efforts
to interfere in the 2016 presidential election.” Appointment Order (introduction); see also supra
note 1. And the authorized investigation “includ[es] any links and/or coordination between the
Russian government and individuals associated with the campaign of President Donald Trump”
and “any matters that arose or may arise directly from the investigation.” Appointment Order ¶
(b)(i), (ii).
Concord faults the indictment for lacking allegations regarding the Russian government,
President Trump’s campaign, links or coordination between Concord and the Russian
government or President Trump’s campaign, or interference by Concord with the Special
Counsel’s investigation. See Concord Mem. at 61. The appointment order, however, does not
limit the Special Counsel to investigating individuals and entities that are part of the Russian
government. Rather, the Special Counsel may investigate the Russian government’s interference
“efforts,” which involved non-governmental third parties. See Opp’n at 57 (citing Intelligence
Community Assessment, Assessing Russian Activities and Intentions in Recent U.S. Elections at
2 (Jan. 6, 2017)). Concord’s alleged actions are therefore within the scope of the Special
Counsel’s investigation. Because the investigation of Concord was authorized, so was the
prosecution. See Appointment Order ¶ (c) (authorizing the Special Counsel “to prosecute federal
crimes arising from the investigation”); Manafort, 2018 WL 3126380, at *8. Therefore, by
investigating and prosecuting Concord, the Special Counsel did not exceed his authority.
CONCLUSION
For the foregoing reasons, the Court denies Concord’s Motion to Dismiss the Indictment
Based on the Special Counsel’s Appointment and Authority. Dkt. 36. A separate order
consistent with this decision accompanies this memorandum opinion.