Does Robert Mueller's long friendship with Jim Comey Conflict with his Duties as Special Counsel and Should He Recuse Himself?

Byron York writes in the Washington Examiner that Special Counsel appointee Robert Mueller has a possible conflict of interest in investigating Russia/Trump/Election issues.

Fired FBI Director James Comey has emerged as the main figure in what some Democrats believe will be an obstruction of justice case against President Trump in the Trump-Russia matter. Comey's stories of conversations with the president, plus the fact that he was fired, ostensibly as a result of the Russia probe, make him potentially the star witness in the case. 

Which brings up an intriguing legal question. Comey is a good friend of special counsel Robert Mueller — such a good friend, for about 15 years now, that the two men have been described as "brothers in arms." Their work together during the controversies over Bush-era terrorist surveillance has been characterized as "deepening a friendship forged in the crucible of the highest levels of the national security apparatus after the 9/11 attacks," after which the men became "close partners and close allies throughout the years ahead." 

Now Mueller is investigating the Trump-Russia affair, in which, if the increasing buzz in the case is correct, allegations of obstruction against the president will be central. And central to those allegations — the key witness — will be the prosecutor's good friend, the now-aggrieved former FBI director 

Is that a conflict? Should a prosecutor pursue a case in which the star witness is a close friend? And when the friend is not only a witness but also arguably a victim — of firing — by the target of the investigation? And when the prosecutor might also be called on to investigate some of his friend's actions? The case would be difficult enough even without the complicating friendship.

York then asks several former DOJ attorney's for their take and gets mixed results.  Read them at the link for yourself.

However, for a fuller take that says definitively that Mueller should recuse himself check out this article at Lawnewz.

I am one who thinks he should resign, or recuse from the investigation of Comey,  because of the close relationship with him, and especially since Comey met with Mueller before his Senate Intel Committee testimony.  It's really a no-brainer.

June 12, 2017 Tags : Donal Trump , James Comey , Robert Mueller

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