What Mueller appears to be claiming is that he received his full mandate as special counsel from Rosenstein exclusively in verbal communications, meaning that only Rosenstein and Mueller together could agree on what was within or without the scope of the investigation.
I do not see how such a claim could possibly be valid or stand up to legal challenge.
Mueller is essentially claiming that, due to the lack of a written mandate, his authority derives from Rosenstein the man rather than the lawfully appointed (Acting) Attorney General. His unwritten mandate is fluid, and can change to meet the needs of the moment he finds himself in.
This is not consistent with the rule of law.
But of course, Rosenstein couldn't risk giving Mueller a well-defined mandate, because Mueller was going on a fishing expedition; he didn't know what he would find, but to be politically useful, he had to pursue whatever he found.
This entry was published Tue Jun 12 12:34:10 CDT 2018 by TriggerFinger
and last updated 2018-06-12 12:34:10.0.