ABC article from yesterday pointed to the Rosenstein letter to Grassley, answering questions about Special Counsel Mueller.I had not seen this letter, so I looked into it this morning. The letter from Grassley that Rosenstein was answering had asked about the public order appointing Mueller that was issued in May 2017 vs. the heavily redacted August 2017 order that came to light after Judge Ellis demanded the full scope memo in the Manafort case, when Manafort was trying to get some of the charges dismissed due to Mueller exceeding his authority.
It's a 12 page letter, so here is a summary of Rosenstein's reply:
1) Federal investigations must maintain integrity, which prohibits public statements, leaks, and improper disclosures.
2) Previous Independent and Special Counsels were generally granted broad authority.
3) Current Special Counsel regulations were adopted in 1999, and allows the DOJ to maintain supervision, or invest them with greater independence and autonomy.
4) Mueller is only the second Special Counsel appointed under the new regulations. The first was John Danforth, in 1999, to investigate Waco.
5) Mueller was appointed to take charge of criminal matters already under investigation, and the public order did not identify crimes or subjects because - see #1. The public announcement only included what information Comey had disclosed at the March 20, 2017 HPSCI hearing, which was the counterintelligence investigation into whether Russian government had interfered in the 2016 election, including whether there was coordination with anyone in the Trump campaign. The public announcement on the appointment of the Special Counsel explained that it would ensure a full and thorough investigation of Russian efforts, but Mueller is only authorized to investigate criminal offenses. Counterintelligence investigations are not the Special Counsel's responsibility.
6) FBI and DOJ trying to accommodate all Congressional oversight requests, but cannot compromise independence and integrity of investigations, jeopardize sources and methods, or create the appearance of political interference. They need to follow the rules, and not be Comey.
7) More on keeping investigations confidential, DOJ has a duty to prevent disclosure of information that would unfairly tarnish people not charged with crimes. (See screen cap of a portion of a 1941 letter from Attorney General Robert Jackson.)
8) More…criminal prosecutions should be transparent, but criminal investigations should not. In fact, disclosing uncharged allegations is considered a violation of a prosecutor's trust. Lots more in the letter regarding Congressional requests ("usually adversarial and unbounded by the rules of evidence" - Barr, 1989), and why DOJ cannot always accommodate those requests. Rosenstein pleading with Congress to help restore public confidence by allowing Department to return to those traditions, and sticking to the principle that the prosecutor is "the servant of the law, the twofold aim of which is that guilt shall not escape nor innocence suffer."
9) Finally, Grassley had asked whether Rosenstein had delegated approval authority under FISA, and he says that authority is not delegable beyond the approving officials, and explains the application process.
In this day and age, we've become so conditioned to having so much information, but I wholeheartedly agree that the FBI and DOJ need to return the those traditions of keeping investigations under wraps. Notwithstanding the need for transparency to keep everyone honest, we've seen the damage that unfounded allegations cause. Think Covington, think Smollett, think Kavanaugh. It's in our face every day, thanks to social media.
So, the ABC article is correct that people should not expect the Mueller report to condemn Potus or his associates. Unless there are criminal charges, any allegations of wrong-doing aren't going to be handed over for his political opponents to make headlines with. And that's exactly the way it should be.
Links to ABC article, Grassley letter, Rosenstein letter.
https://abcnews.go.com/Politics/letter-deputy-attorney-general-rod-rosenstein-offers-potential/story?id=61847216&cid=clicksource_4380645_null_hero_hed
https://www.judiciary.senate.gov/imo/media/doc/2018-05-17%20CEG%20to%20DOJ%20(Special%20Counsel%20Investigation%20&%20Regulations).pdf
https://www.justice.gov/ola/page/file/1080041/download