It becomes clear that the only path to a full and transparent investigation of possible contacts between the trump campaign and Russian officials during the campaign is the Independent Counsel statute listed below. I have not listed every word of Title 28 / Part II / Chapter 40, but have included the actual wording of portions of the statute that I believe make a solid case for the assignment of an independent prosecutor. If you wish to read the law in its entirety, just click on the blue colored links in the 'table of contents' directly below. Please continue reading beneath the listings from the statute, where I use it to construct a regular language condensed case by connecting the dots.
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https://www.law.cornell.edu/uscode/text/28/part-II/chapter-40
U.S. Code › Title 28 › Part II › Chapter 40 INDEPENDENT COUNSEL
- § 591 - Applicability of provisions of this chapter
- § 592 - Preliminary investigation and application for appointment of an independent counsel
- § 593 - Duties of the division of the court
- § 594 - Authority and duties of an independent counsel
- § 595 - Congressional oversight
- § 596 - Removal of an independent counsel; termination of office
- § 597 - Relationship with Department of Justice
- § 598 - Severability
- § 599 - Termination of effect of chapter
U.S. Code › Title 28 › Part II › Chapter 40 › § 591 Applicability of provisions of this chapter
(a)Preliminary Investigation With Respect to Certain Covered Persons.— The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Federal criminal law
(b)Persons to Whom Subsection (a) Applies.—The persons referred to in subsection (a) are—
(1) the President and Vice President;
(c)Preliminary Investigation With Respect to Other Persons.—
(1)In general.— When the Attorney General determines that an investigation or prosecution of a person by the Department of Justice may result in a personal, financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation of such person in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether that person may have violated Federal criminal law.......
(d)Examination of Information to Determine Need for Preliminary Investigation.—(1) the President and Vice President;
(c)Preliminary Investigation With Respect to Other Persons.—
(1)In general.— When the Attorney General determines that an investigation or prosecution of a person by the Department of Justice may result in a personal, financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation of such person in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether that person may have violated Federal criminal law.......
(1)Factors to be considered.—In determining under subsection (a) or (c) (or section 592(c)(2)) whether grounds to investigate exist, the Attorney General shall consider only—
(A) the specificity of the information received; and
(B) the credibility of the source of the information.
(2)Time period for making determination.— The Attorney General shall determine whether grounds to investigate exist not later than 30 days after the information is first received.
(2)Time period for making determination.— The Attorney General shall determine whether grounds to investigate exist not later than 30 days after the information is first received.
(e)Recusal of Attorney General.—
(1)When recusal is required.—(A) If information received under this chapter involves the Attorney General, the next most senior official in the Department of Justice who is not also recused shall perform the duties assigned under this chapter to the Attorney General.
(B) If information received under this chapter involves a person with whom the Attorney General has a personal or financial relationship, the Attorney General shall recuse himself or herself by designating the next most senior official in the Department of Justice who is not also recused to perform the duties assigned under this chapter
U.S. Code › Title 28 › Part II › Chapter 40 › § 592 Preliminary investigation and application for appointment of an independent counsel
(a)Conduct of Preliminary Investigation.—
(1)In general.— .......The Attorney General shall make such determination not later than 90 days after the preliminary investigation is commenced, ......
(g)Congressional Request.—
(1)By judiciary committee or members thereof.—
The Committee on the Judiciary of either House of the Congress, or a majority of majority party members or a majority of all nonmajority party members of either such committee, may request in writing that the Attorney General apply for the appointment of an independent counsel.
(2)Report by attorney general pursuant to request.—
Not later than 30 days after the receipt of a request under paragraph (1), the Attorney General shall submit, to the committee making the request, or to the committee on which the persons making the request serve, a report on whether the Attorney General has begun or will begin a preliminary investigation under this chapter of the matters with respect to which the request is made, in accordance with subsection (a) or (c) of section 591........
U.S. Code › Title 28 › Part II › Chapter 40 › § 594 Authority and duties of an independent counsel
(a)Authorities.—Notwithstanding any other provision of law, an independent counsel appointed under this chapter shall have, with respect to all matters in such independent counsel’s prosecutorial jurisdiction established under this chapter, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General’s personal action under section 2516 of title 18.
(4) reviewing all documentary evidence available from any source;
(8) inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General;
(e)Referral of Other Matters to an Independent Counsel.— An independent counsel may ask the Attorney General or the division of the court to refer to the independent counsel matters related to the independent counsel’s prosecutorial jurisdiction.......
(i)Independence From Department of Justice.—
Each independent counsel appointed under this chapter, and the persons appointed by that independent counsel under subsection (c), are separate from and independent of the Department of Justice......
U.S. Code › Title 28 › Part II › Chapter 40 › § 595 Congressional oversight
(c)Information Relating to Impeachment.—
An independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel receives, in carrying out the independent counsel’s responsibilities under this chapter, that may constitute grounds for an impeachment.
U.S. Code › Title 28 › Part II › Chapter 40 › § 596 Removal of an independent counsel; termination of office
(a)Removal; Report on Removal.—
(1)Grounds for removal.— An independent counsel appointed under this chapter may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecting persons from discrimination on the basis of such a disability),,[1] or any other condition that substantially impairs the performance of such independent counsel’s duties.
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So.....This statute specifically names the President as a person that can be investigated by an independent prosecutor, 591(b)(1). A preliminary action can be initiated if there is "information sufficient to constitute grounds to investigate", 591(a). There is certainly current cause to investigate trump with reference to the Emoluments Clause in Article I, Section 9, Clause 8 of the Constitution, The Logan Act of 1799 (U.S. Code 1 Stat. 613, 18) and the Nepotism Act of 1967 (U.S. Code › Title 5 › Part III › Subpart B › Chapter 31 › Subchapter I › § 3110).
This next piece, chapter 592(g)(1), is the key as far as I'm concerned; "The Committee on the Judiciary of either House of the Congress ....... all nonmajority party members of either such committee, may request in writing that the Attorney General apply for the appointment of an independent counsel". This is where we must press on all non-majority members of the Judiciary Committees of both Houses. The statute is clear. All that is necessary to start the process of assigning an independent prosecutor is currently in the hands of the non-majority members of either Judiciary Committee in Congress.
The remaining chapters that I have included are for further edification for you the reader, so that you can further understand the capabilities, limitations and responsibilities of an independent prosecutor, the DOJ and Congress.
I will be emailing each representative listed below with the following message:
It is clear that a full and transparent investigation of possible Russian interference in the Presidential election of 2016 and possible contacts between trump's campaign and Russian officials can only be performed by an independent prosecutor. U.S. Code › Title 28 › Part II › Chapter 40 | 592(g)(1) provides that "Preliminary investigation and application for appointment of an independent counsel may be requested by the by judiciary committee or members thereof."
"The Committee on the Judiciary of either House of the Congress, or a majority of majority party members or a majority of all nonmajority party members of either such committee, may request in writing that the Attorney General apply for the appointment of an independent counsel."
You are a member of the minority in the Committee of the Judiciary in your house of Congress. As such, it is imperative for the safety of our country that you and your fellow nonmajority members of the committee, immediately exercise this clause of this statute.
trump may have violated The Constitution and/or two other statutes at the very least;
- The Emoluments Clause in Article I, Section 9, Clause 8 of the Constitution,
- The Logan Act of 1799 (U.S. Code 1 Stat. 613, 18) and
- The Nepotism Act of 1967 (U.S. Code › Title 5 › Part III › Subpart B › Chapter 31 › Subchapter I › § 3110).
Act now! There is no reason not to and no time to waste. Do your job!
Respectfully,
William R. (Bill) Sherman
Please feel free to copy and use this letter if you wish to write any or all of the representatives below. The non-majority members of the two Judiciary Committees are as follows:
I will be emailing each representative listed below with the following message:
It is clear that a full and transparent investigation of possible Russian interference in the Presidential election of 2016 and possible contacts between trump's campaign and Russian officials can only be performed by an independent prosecutor. U.S. Code › Title 28 › Part II › Chapter 40 | 592(g)(1) provides that "Preliminary investigation and application for appointment of an independent counsel may be requested by the by judiciary committee or members thereof."
"The Committee on the Judiciary of either House of the Congress, or a majority of majority party members or a majority of all nonmajority party members of either such committee, may request in writing that the Attorney General apply for the appointment of an independent counsel."
You are a member of the minority in the Committee of the Judiciary in your house of Congress. As such, it is imperative for the safety of our country that you and your fellow nonmajority members of the committee, immediately exercise this clause of this statute.
trump may have violated The Constitution and/or two other statutes at the very least;
- The Emoluments Clause in Article I, Section 9, Clause 8 of the Constitution,
- The Logan Act of 1799 (U.S. Code 1 Stat. 613, 18) and
- The Nepotism Act of 1967 (U.S. Code › Title 5 › Part III › Subpart B › Chapter 31 › Subchapter I › § 3110).
Act now! There is no reason not to and no time to waste. Do your job!
Respectfully,
William R. (Bill) Sherman
Please feel free to copy and use this letter if you wish to write any or all of the representatives below. The non-majority members of the two Judiciary Committees are as follows:
House Committee on the Judiciary
https://conyers.house.gov/
Phone: (202) 225-5126
Fax: (202) 225-0072
Rep. Karen Bass
https://bass.house.gov/
Phone: (202) 225-7084
Fax: (202) 225-2422
Rep. David Cicilline
http://cicilline.house.gov/
Phone: 202-225-4911
Fax: (202) 225-3290
Rep. Steve Cohen
https://cohen.house.gov/
Phone: (202) 225-3265
Fax: (202) 225-5663
Rep. Theodore Deutch
http://teddeutch.house.gov/
Phone: 202-225-3001
Fax: 202-225-5974
Rep. Luis Gutiérrez
https://gutierrez.house.gov/
Phone: (202) 225-8203
Fax: (202) 225-7810
Rep. Sheila Jackson Lee
http://jacksonlee.house.gov/
phone: (202) 225-3816
fax: (202) 225-3317
Rep. Pramila Jayapal
https://jayapal.house.gov/
Phone: 202-225-3106
Rep. Hakeem Jeffries
http://jeffries.house.gov/
Phone: 202-225-5936
Rep. Henry “Hank” Johnson Jr.
https://hankjohnson.house.gov/
Phone: (202) 225-1605
Fax: (202) 226-0691
Rep. Ted Lieu
https://lieu.house.gov/
Phone: (202) 225-3976
Rep. Zoe Lofgren
https://lofgren.house.gov/
Phone: (202) 225-3072
Fax: (202) 226-0691
Rep. Ted Lieu
https://lieu.house.gov/
Phone: (202) 225-3976
Rep. Zoe Lofgren
https://lofgren.house.gov/
Phone: (202) 225-3072
Rep. Jerrold Nadler
http://nadler.house.gov/
Phone: 202-225-5635
Rep. Jamie Raskin
https://raskin.house.gov/
Phone: 202-225-5341
Rep. Cedric Richmond
https://richmond.house.gov/
Phone: (202) 225-6636
Fax: (202) 225-1988
Rep. Bradley Schneider
https://schneider.house.gov/
Phone: 202-225-4835
Rep. Eric Swalwell
https://swalwell.house.gov/
Phone: (202) 225-5065
Senate Committee on the Judiciary
http://www.feinstein.senate.gov/
Phone: (202) 224-3841
Fax: (202) 228-3954
Senator Patrick Leahy
https://www.leahy.senate.gov/
(202) 224-4242
Senator Dick Durbin
http://www.durbin.senate.gov/
p: 202.224.2152
f: 202.228.0400
Senator Sheldon Whitehouse
https://www.whitehouse.senate.gov/
P: (202) 224-2921
F: (202) 228-6362
Senator Amy Klobuchar
https://www.klobuchar.senate.gov/
phone: 202-224-3244
fax: 202-228-2186
Senator Al Franken
https://www.franken.senate.gov/
(202) 224-5641
Senator Christopher A. Coons
https://www.coons.senate.gov/
Phone:(202) 224-5042
Senator Richard Blumenthal
https://www.blumenthal.senate.gov/
tel (202) 224-2823
fax (202) 224-9673
Senator Mazie Hirono
https://www.hirono.senate.gov/
Phone: (202) 224-6361
Fax: (202) 224-2126
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