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EricColumbus's profile
Eric Columbus
Eric Columbus
Eric Columbus
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@EricColumbus

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Eric ColumbusVerified account

@EricColumbus

Obama appointee at DOJ/DHS. Senate Judiciary counsel to @JoeBiden and Yankee Stadium hot dog vendor (not at same time). Wannabe U.S. historian. Views my own.

Washington, DC
politico.com/magazine/searc…
Joined October 2012

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    1. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      Why did Starr feel he could ignore OLC's 1973 opinion? Because the law under which he was appointed allowed him to do just about anything. His title was "independent counsel," and for all intents and purposes he was the Department of Justice with regard to Clinton. 5/

      1 reply 56 retweets 205 likes
      Show this thread
    2. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      That law expired, however, in 1999 (existing independent counsels were grandfathered in) amidst concern that ICs had too much leeway. It was replaced by a much tamer system allowing for the appointment of a "special counsel" -- which is Mueller's title. 6/

      5 replies 55 retweets 217 likes
      Show this thread
    3. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      Mueller is essentially the equivalent of a U.S. Attorney, except that his jurisdiction is defined by topic rather than geography. He reports to Deputy Attorney General Rod Rosenstein, who is the acting Attorney General for such purposes due to Sessions' recusal. 7/

      1 reply 66 retweets 250 likes
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    4. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      (If Sessions leaves, Trump can immediately name any Senate-confirmed official to serve as acting AG for nine months -- e.g. EPA head, and former Oklahoma AG, Scott Pruitt, who could then try to restrict Mueller's running room. This is why I hope Sessions stays on the job!) 8/

      5 replies 74 retweets 305 likes
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    5. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      Per the DOJ special counsel regulations, Mueller must abide by all DOJ "rules, regulations, procedures, practices and policies." (28 C.F.R. 600.7(a), if you're keeping score at home.) 9/

      5 replies 46 retweets 198 likes
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    6. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      And Rosenstein may veto any Mueller action he deems inappropriate or unwarranted. 28 C.F.R. 600.7(b). 10/

      2 replies 46 retweets 188 likes
      Show this thread
    7. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      By contrast, the independent counsel statute allowed Starr to deviate from DOJ policies where necessary to achieve the purposes of the statute, and didn't allow the Attorney General to restrict his actions (other than firing him for good cause). 11/

      1 reply 44 retweets 190 likes
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    8. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      Given these rules, it's extraordinarily unlikely that Mueller would bring a prosecution that, in the judgment of DOJ's Office of Legal Counsel, would violate the Constitution. 12/

      1 reply 51 retweets 197 likes
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    9. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      (Theoretically, Mueller or Rosenstein could ask OLC to revisit its opinion, but it’s very doubtful that OLC would change its view on an issue that it already addressed twice.) 13/

      2 replies 36 retweets 177 likes
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    10. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      So what can Mueller do if he believes that Trump has committed criminal acts? Mueller must provide Rosenstein a final report explaining all his "prosecution or declination decisions" -- i.e. why he prosecuted individuals or declined to do so. 14/

      2 replies 56 retweets 250 likes
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      Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

      The format of this report isn't specified by regulation, but if Mueller were otherwise inclined to indict Trump, I suspect he would set forth relevant facts. I also believe Rosenstein would make relevant portions of the report public, although he isn't obligated to do so. 15/

      10:46 AM - 26 Jan 2018
      • 45 Retweets
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      • Blair Duff 🌊😷 Hoping for Normal-SEA 🍻 Paul Marr Jon kelvey Scotty Karate who leo Mary Sadler 🇺🇸 Rebekah Retired USAF⭐⭐⭐🗽 Adam Kazwell Kevin Kresse
      5 replies 45 retweets 214 likes
        1. New conversation
        2. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

          While some have suggested that Mueller would make an "impeachment referral" to Congress if he finds evidence of impeachable acts, that was part of the now-expired independent counsel statute and is no longer an option for Mueller. 16/

          4 replies 84 retweets 233 likes
          Show this thread
        3. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

          Other than judicial filings and trial proceedings, Mueller's work can reach Congress only with Rosenstein's blessing -- unless Congress subpoenas Mueller's report, which isn't likely to happen as long as the GOP controls Congress. 17/

          4 replies 75 retweets 256 likes
          Show this thread
        4. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

          (It's also possible that Congress might subpoena grand jury evidence, as suggested here by @rgoodlaw and @alexgwhiting.) 18/https://www.justsecurity.org/44191/mueller-grand-jury-report-public-hand-congress/ …

          2 replies 69 retweets 252 likes
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        5. Eric Columbus‏Verified account @EricColumbus 26 Jan 2018

          Bottom line: Trump won't be indicted, this is all about impeachment, the upcoming midterm elections are crucial, Rosenstein remains a very important guy, and I’m holding my nose and hoping that Sessions stays where he is. 19/end

          87 replies 269 retweets 840 likes
          Show this thread
        6. Eric Columbus‏Verified account @EricColumbus 30 Jan 2018

          Eric Columbus Retweeted Eric Columbus

          P.S. I just published a piece in WaPo based upon this thread. 👇👇https://twitter.com/EricColumbus/status/958437941319208961 …

          Eric Columbus added,

          Eric ColumbusVerified account @EricColumbus
          My latest piece, for WaPo, on why Mueller won't indict Trump, and what he -- and Rosenstein -- can do instead. https://www.washingtonpost.com/news/posteverything/wp/2018/01/30/mueller-wont-indict-trump-but-heres-what-he-can-do/?utm_term=.858ee911223c …
          2 replies 4 retweets 12 likes
          Show this thread
        7. End of conversation
        1. Mike Stern‏ @mls1776 26 Jan 2018
          Replying to @EricColumbus

          What you say is true, but the bigger influence on Mueller is the same one that prevented Starr from indicting Clinton. Our system doesn't contemplate a single prosecutor/court/jury effectively deciding to remove the president.

          0 replies 0 retweets 0 likes
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        1. Stephen Sheehan‏ @StephenSound 27 Jan 2018
          Replying to @EricColumbus

          No, he'd whitewash and memory hole it.

          0 replies 0 retweets 0 likes
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