Thread by @TimInHonolulu

1. IMO the easy way to tell this is likely erroneous reporting is that the report is not for recommending indictments. That's Mueller's sole providence other than perhaps the president. More later on that. Under 28 CFR 600.6 Mueller does not need permission as follows:

https://twitter.com/20committee/status/1104547941191221248

2. "Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities."

So what in Part 600 restricts him?

3. First: This defines Mueller's power:
"Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions

4. of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities."

5. So Mueller doesn't have to consult with the AG "about the conduct of . . . his duties and responsibilities."

What limits are posed in sections following 600.6? Section 600.7 provides the AG a mechanism to learn of Mueller's actions and Mueller must follow DOJ rules and

6. policies unless concluding the procedures were inappropriate. The Special Counsel and staff are subject to normal DOJ discipline and ethical obligations. The reg makes clear, "The Special Counsel shall not be subject to the day-to-day supervision of any official of the Dept"

7. but the AG may may request Mueller explain "any investigative or prosecutorial step, and may after review conclude the action is so inappropriate or unwarranted under established Dept practices that is should not be pursued." But the key is that section says if the AG

8. disagrees with Mueller he "shall notify Congress." It doesn't say he can stop him. IMO he would have to remove him if the action was sufficient to trgger the removal section.

9. So what other reports could possibly be looming? The budget is due in June. Barr looks like a guy who likes to keep on schedule so that is possible. It is possible for Barr to shut it down: "The Attorney General shall determine whether the investigation should continue

10, and, if so, establish the budget for the next year." So one could imagine the firestorm that the House would start if Barr just said shut it down. Perhaps not a report but I think something big may be under consideration. And that one might be Trump's worst nightmare.

11. Reporting we see daily shows clearly that the Trump family is operating a fully formed Racketeering Enterprise out of the White House. When an organization become so corrupt that it cannot be allowed to continue US prosecutors have the option of pursuing Civil RICO remedies.

12. We saw Mueller get additional authority under 600.4 to pursue Manafort's tax fraud. That section also permits "administrative remedies, civil sanctions or other governmental action outside the criminal justice system" be given to Mueller after consultation with the AG.

13. Under RICO, 18 USC 1964 Mueller could be granted the power to force the Trump family to divest "of any interest . . ." He can be authorized to force the dissolution of Trump Enterprises. And I believe that if this was done in sealed proceedings Trump would not know in time

14. to fire Barr and try to stop it.
Tomorrow I'll dig into DOJ memos on charging a president. My recollection is they don't "prohibit" indicting a sitting president, just suggest is would be bad if the president was too busy. Trump's Twitter is Mueller's Exhibit "A." 😎