Um, no. The reason to raise distance between Ukraine money laundering and election is to challenge SCO mandate.https://twitter.com/renato_mariotti/status/927539181789810688 …
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Maybe. I think he can get away with as little as "during SCO's investigation we became interested in Manafort's finances, and that led to the discovery of evidence in FBI and SCO is using that evidence to now pursue charges"
I agree he can. (Also suspect a superseding will moot.) But any defense attorney would be idiotic not to force Mueller to make argument.
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Ok 100% agree there.
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There actually a legal mechanism for challenging based on mandate? That seems like an internal DOJ issue not one for the court to decide.
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No. It'll get challenged in court, laying groundwork for appeal. Happens almost all the time w/SC investigations.
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That said, precedents are very strong to cover what Mueller has done, and by time it is litigated the larger case will be made or pardon.
End of conversation
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The argument that his discretion is broad and Rosenstein approved these charges as being within it?? That's pretty easy to make.
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Use it or lose it. Who knew "honest services fraud as applied is overbroad & unconstitutional" would be Enron's winning argument? At SCOTUS
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Sure. You have to assert it to preserve it. But other than that,it is going exactly nowhere.
End of conversation
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