The law governing the special counsel (28 CFR 600.7) specifically
prohibits Mueller from serving if he has a “conflict of interest.” Even
the appearance of a conflict is disallowed.
The same Code of Federal Regulations defines what constitutes a conflict. That is, “a
personal relationship with any person substantially involved in the
conduct that is the subject of the investigation or prosecution” (28 CFR 45.2). Comey is that person.**
He was substantially involved in the conversation with President Trump
who may be the subject of an obstruction investigation. In fact, the
former Director is the only other person involved. There were no witnesses beyond himself.
Notes: More than this, Comey sought Mueller's counsel before his appearance with the Senate committee, last week. It is my opinion that this meeting was as egregious a violation of "the appearance of conflicting interests" as was that tarmac meeting between Lynch and Bill Clinton.
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** Specifically, the legal statement is as follows: “No DOJ employee may participate in a criminal investigation or
prosecution if he has a personal or political relationship with any
person or organization substantially involved in the conduct that is the
subject of the investigation or prosecution, or who would be directly
affected by the outcome.”
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