Read for yourself the actual appointment letter establishing the appointment and jurisdiction of Mueller, coupled with the relevant statute/regulation that provides more detail about how Mueller/Rosenstein can proceed with ANY case discovered/uncovered during the investigation. The Judge is "way" wrong with his opinion. The judge doesn't get to determine who tries the case, the law is quite clear that call belongs 100% with Rod Rosenstein.
There is virtually zero doubt in my mind that Mueller secured the consent of Rosenstein as he is/was required to do so by the provisions of the appointment letter and the Statute/Regulations. Just as he did so with the Cohen case, which Rosenstein subsequently assigned to the US Attorney's Office in the Southern District of NY.
If they Judge were to dismiss on these grounds, I have no doubt believing he would get slammed hard by the Appellate court and likely removed from the case.
ORDER NO. 3915-2017 APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE RUSSIAN INTERFERENCE WITH THE 2016 PRESIDENTIAL ELECTION AND RELATED MATTERS
By virtue of the authority vested in me as Acting Attorney General, including 28 U.S.C. §§ 509, 510, and 515, in order to discharge my responsibility to provide supervision and management of the Department of Justice, and to ensure a full and thorough investigation of the Russian government's efforts to interfere in the 2016 presidential election, I hereby order as follows:
(a) Robert S. Mueller III is appointed to serve as Special Counsel for the United States Department of Justice. (b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James 8. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:
(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump;
and (ii) any matters that arose or may arise directly from the investigation;
and (iii) any other matters within the scope of 28 C.F.R. § 600.4(a)-(c)
If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters. (d) Sections 600.4 through 600. l0 of Title 28 of the Code of Federal Regulations are applicable to the Special Counsel.
Signed Rod J. Rosenstein, Acting Attorney General - 5/17/17
This is what 28 C.F.R. § 600.4(a)-(c)says on the topic
28 CFR 600.4 - Jurisdiction.
§ 600.4 Jurisdiction.
(a)Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of the matter being investigated and/or prosecuted.
(b)Additional jurisdiction. If in the course of his or her investigation the Special Counsel concludes that additional jurisdiction beyond that specified in his or her original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of his or her investigation, he or she shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel's jurisdiction or assign them elsewhere.
(c)Civil and administrative jurisdiction. If in the course of his or her investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, he or she shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General.
To believe that the Judge's position is correct, you would have to ignore the very clear law on this topic and also to believe that his authority to prosecute crimes (with the consent of the DOJ) is less than the average US Attorney. To quote that well known trial attorney, Vincent Gambini, Esq: "Everything that guy just said was bullshit!"
