THE LAWYER FULL-EMPLOYMENT ADMINISTRATION:

[T]he expanded scope of the probe is a turning point, and raises several legal implications:

-- An FBI inquiry of the Comey firing makes it more likely Rosenstein could be a witness, and thus potentially meet the parameters for recusing himself from overseeing Mueller's investigation.

Rosenstein told The Associated Press in an article published on June 3 that he would recuse himself if he were to become a subject of Mueller's investigation.

"I've talked with Director Mueller about this," Rosenstein told the AP. "He's going to make the appropriate decisions, and if anything that I did winds up being relevant to his investigation then, as Director Mueller and I discussed, if there's a need from me to recuse I will."

Attorney General Jeff Sessions has already recused himself in the investigation because of his role in the Trump campaign.

-- An obstruction inquiry reviewing Comey's firing makes it more likely that other government officials involved in that act, or related activity, could face legal exposure.

Federal employees interacting with the Trump administration regarding FBI staffing or this investigation, for example, may want to consider retaining counsel.

If the FBI is pursuing a theory that the Comey firing may be part of a larger obstruction effort, for example, then staff who knowingly assist with the original or related acts could face exposure. As a general matter, the Department of Justice can theoretically make an obstruction case against multiple people.

-- This report asserts the obstruction inquiry began before Mueller took over.

Comey was fired on May 9, and Mueller was appointed on May 17. The suggestion is that the career FBI agents already determined obstruction warranted investigation, independently and before Mueller took over. [...]

[I]n the event an investigation were to find potential high crimes, the process is to refer such information or material to Congress, which the Constitution provides as the adjudicative body for alleged high crimes and misdemeanors by a president.

Tweet   @brothersjudd