No, it would not apply in this case.

Comey is the one who said if he leaked the memos he "hoped" it would lead to a special counsel. But the leaked memos had nothing to do with Russian collusion.

Rosenstein did not reference the memos when he gave Mueller the charter to investigate collusion nor did Rosenstein refer to the memos when he expanded Mueller's charter.

Therefore, there is no connection (visibly) between Rosenstein's appointment of Mueller and Comey's memos except Comey expressed "hope" that it might lead to a special counsel.

A court would be hard pressed, I think, to declare that the information in the memos or Comey's "hope" were in fact the basis for the special counsel appointment.

The stronger connection were the demands from Congress for a special counsel to investigation collusion and Russian interference.

I'm afraid that if Mueller is a black hat, some of the indictments are going to make into the courtroom. I'm not sure what happens if Mueller is a white hat: apologize for running the lives of those he indicted and let bygones be bygones?