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The ''New York Times'' reported on September 21, 2018, that Rosenstein discussed in spring 2017 secretly recording President [[Trump]], in an improper attempt [[Deep state coup|to remove him from office]]. On November 7, 2018 Rosenstein was removed from overseeing the [[Mueller investigation]].
 
The ''New York Times'' reported on September 21, 2018, that Rosenstein discussed in spring 2017 secretly recording President [[Trump]], in an improper attempt [[Deep state coup|to remove him from office]]. On November 7, 2018 Rosenstein was removed from overseeing the [[Mueller investigation]].
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After [[Jeff Sessions]]' recusal from election related matters in March 2017, Rosenstein, as deputy, appointed a Special Counsel to investigate Donald Trump; however there was no evidence giving [[probable cause]] beyond manufactured allegations and innuendo by the [[2016 Clinton campaign|Hillary Clinton campaign]] and [[Democratic party]]; and there is no statutory provision for the appointment of a Special Prosecutor in a [[counterintelligence]] investigation.<ref>https://thefederalist.com/2018/05/21/3-big-takeaways-grassleys-ovetrsight-demands-rod-rosenstein/</ref> Special Prosecutors are only to be used when a crime has been identified and a conflict of interest exists. No crime has ever been identified, and Rosenstein created a [[conflict of interest]] for himself in issuing the [[Mueller office|Mueller mandate]] as he is a witness in the alleged improprieties over the firing of [[James Comey]].<ref>https://www.cnn.com/2017/06/16/opinions/rosenstein-conflict-of-interest-recuse-opinion-callan/index.html </ref> Rosenstein has defied Congressional oversight of his [[witchhunt]] and the crimes of his department under [[Barack Obama]]. Since May 2018 Rosenstein has been suspended from access to any FISA information pending the outcome of an Inspector General investigation into [[FISA abuse]] for his role in signing a warrant used to commit fraud against the [[judicial]] system authorizing surveillance on Donald Trump and the illegal appointment of a Special Counsel.
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Rosenstein was referred for [[criminal]] investigation by Congress in April 2018 for signing the [[Carter Page]] [[FISA]] warrant application and perpetrating a [[fraud]] upon the [[FISA court]],<ref>https://desantis.house.gov/_cache/files/8/0/8002ca75-52fc-4995-b87e-43584da268db/472EBC7D8F55C0F9E830D37CF96376A2.final-criminal-referral.pdf </ref> alleging the Trump administration to be an "agent of a foreign power."<ref>By labelling Carter Page as an "agent of a foreign power," FISA Title I authority granted the FBI legal authority to apply the same intrusive surveillance to all  Carter Pages's contacts that he had electronic communication with, i.e. the Trump campaign, transition, and administration. Peripheral contacts had their constitutional rights striped as well in a counterintelligence investigation authorized under [[Patriot Act]] amendments intended to identify a nest of foreign [[subversive]]s.</ref> However the Justice Department, which Rosenstein administers, would make the decision to either investigate and prosecute itself, or appoint a Special Prosecutor. The situation is analogous to the unprecedented case in 2015 when the Congress of the United States held [[Attorney General]] [[Eric Holder]] in contempt for lying and withholding evidence, and the process required referring the contempt citation to Eric Holder to prosecute himself. In both cases, unelected bureaucrats have held themselves above the law, beyond accountability, and in defiance of the people's elected government.
      
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