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I'm here for the moneuy Status: Not Logged In; Sign In U.S. Constitution See other U.S. Constitution Articles Title: The appointment of Robert Mueller violates the Appointments Clause of the Constitution... · Source: [None] URL Source: [None] Published: May 22, 2018 Author: . MARK LEVIN· Post Date: 2018-05-22 10:12:49 by tpaine Keywords: None Views: 2585 Comments: 37 The appointment of Robert Mueller violates the Appointments Clause of the Constitution... MARK LEVIN·MONDAY, MAY 21, 2018 The appointment of Robert Mueller violates the Appointments Clause of the Constitution. Mueller is not an inferior appointee, but a principal appointee as understood under our constitution. His powers are more akin to an United States attorney, not an assistant United States attorney. Moreover, his boss, Deputy Attorney General Rod Rosenstein, treats him as a principal officer -- that is, Mueller is mostly free to conduct his investigation with few limits or restraints. The parameters of his appointment were extraordinarily broad in the first instance, and have only expanded since then. Indeed, Mueller is more powerful than most United States attorneys, all of whom were nominated by the President and confirmed by the Senate as principal officers. Furthermore, Rosenstein mostly rubber stamps Mueller's decisions and is not involved in the regular management and oversight of Mueller to any significant extent, underscoring Mueller's role not as an inferior officer but a principal officer. As such, Mueller's appointment violates the Appointments Clause. Mueller would've had to be nominated for Senate confirmation like any other principal officer in the Executive Branch. Rosenstein did not have the constitutional power to appoint a principal officer on his own anymore than the President himself does. To do otherwise is to defy the procedure established by the Framers for making such consequential executive appointments. It follows, then, that every subpoena, indictment, and plea agreement involving the Mueller investigation is null and void. Every defendant, suspect, witness, etc., in this matter should challenge the Mueller appointment as a violation of the Appointments Clause. H/T to Northwestern Law School Professor Steven Calabresi, who raised many of these points, and more, with me and a few other friends and colleagues over the weekend, in a well-researched opinion he shared with us. He deserves great credit Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 25. #25. To: tpaine (#0) http://www.breitbart.com/video/2018/05/22/mark-levin-appointment-of-robert-mueller-utterly-unconstitutional/ Mark Levin: Appointment of Robert Mueller ‘Utterly Unconstitutional’ — In Violation of Article II Jeff Poor Breitbart May 22, 2018 Tuesday on Fox News Channel’s “Hannity,” nationally syndicated radio host Mark Levin made the argument that Department of Justice special counsel Robert Mueller was serving in an unconstitutional capacity in violation of Article 2 of the Constitution. Levin said there was a distinction between principal officers and inferior officers, with principle officers requiring confirmation by the U.S. Senate. Mueller is acting as a principal officer in violation of Article II, Levin said. Partial transcript as follows: We have something in the Constitution called the appointments clause. And it applies to principal officers of the executive branch. There’s inferior officers, you know, like a chief of staff, an administrative assistant who reports to a principle. Then there’s principal officers. As an example, every single United States attorney in the United States has to be nominated by the president of the United States and confirmed by the Senate because our founders made clear that they wanted both branches of government involved in appointments of these senior level people. You have assistant secretaries in departments and cabinet secretaries, and I said U.S. Attorneys. Here’s the problem. The appointment of Mueller is utterly unconstitutional for a number of reasons. Rod Rosenstein gave him an agenda that is so broad, not a specific individual, not a specific statute, not even a specific matter, and not only was the initial appointment incredibly broad. He keeps expanding it. So this special counsel’s different than past special counsels. He’s more like a roving U.S. Attorney. Also, we learned something today that is absolutely incredible from Politico. It says court filings indicate when lawyers appeared in court earlier this year, they did so not only as representatives of Mueller’s office, but they received an appointment, a special assistant United States attorney appointment in the eastern district of Virginia. They are, in effect, assistant United States attorneys. Robert Mueller wanted to expand their power. They report to him. If they’re assistant United States attorneys or special assistant United States attorneys that makes Mueller, without question, the equivalent of the United States attorney. So, what’s unique about him and past independent counsel and special counsel is the massive breadth of his investigation. He’s going to into bank fraud, wire fraud, he’s going into Russia, he’s going into a number of other countries. He’s interviewed hundreds of individuals, tens of thousands, hundreds of thousands of documents. He’s not an inferior employee, like an administrative assistant or anything of that sort. He’s a principal officer. Under the appointments clause of the United States Constitution, Article II, Mr. Rosenstein usurped the authority of the president of the United States to nominate whomever he wants as a prosecutor, and Mr. Rosenstein usurped the power of the United States Senate, which has the control over the confirmation or not. Mr. Mueller is serving unconstitutionally in violation of the appointments clause of the Constitution because of the way Rosenstein appointed him, because of expanding his authority, because Mr. Mueller has expanded his own authority with these four now assistant United States attorneys. And every defendant, in this case, every witness, in this case, everybody who received a subpoena in this case, whatever federal court it is, should raise the issue of the appointments clause of the Constitution, that Mr. Mueller is conducting himself and is appointment is unconstitutional. = = = = = = = = = = = = = = = = = = = = Rod Rosenstein gave him an agenda that is so broad, not a specific individual, not a specific statute, not even a specific matter, and not only was the initial appointment incredibly broad. He keeps expanding it. So this special counsel’s different than past special counsels. He’s more like a roving U.S. Attorney. This may violate the Federal act regarding appointments, but not the Constitution. Perhaps surprisingly, Levin does not seem to point out that Mueller was apparently not appointed to investigate any specific alleged crime. Any appearance of looking like a roving U.S. Attorney only happened after the original appointment and the appointment cannot be rendered unconstitutional thereby. Also, we learned something today that is absolutely incredible from Politico. It says court filings indicate when lawyers appeared in court earlier this year, they did so not only as representatives of Mueller’s office, but they received an appointment, a special assistant United States attorney appointment in the eastern district of Virginia. They are, in effect, assistant United States attorneys. The attorneys only attached to Mueller after the original appointment and cannot render the original appointment unconstitutional. They may be held to have improperly acted as representatives of the Special Counsel and as U.S. Attorneys at the same time. He’s interviewed hundreds of individuals, tens of thousands, hundreds of thousands of documents. He’s not an inferior employee, like an administrative assistant or anything of that sort. He’s a principal officer. Under the appointments clause of the United States Constitution, Article II, Mr. Rosenstein usurped the authority of the president of the United States to nominate whomever he wants as a prosecutor, and Mr. Rosenstein usurped the power of the United States Senate, which has the control over the confirmation or not. The assertions do not justify the conclusion. Mueller may be fired by the Acting Attorney General. His position is temporary. He does not qualify as a principal officer requiring appointment by the President and confirmation by the Senate. Mr. Mueller is serving unconstitutionally in violation of the appointments clause of the Constitution because of the way Rosenstein appointed him, because of expanding his authority, because Mr. Mueller has expanded his own authority with these four now assistant United States attorneys. Acts occcurring after the appointment cannot render the act of appointment unconstitutional. There may be unlawful acts, but these would not render the appointment unconstitutional as repugnant to the appointments clause of the Constitution. nolu chan  posted on  2018-05-24   16:54:18 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 25.         There are no replies to Comment # 25. End Trace Mode for Comment # 25. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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