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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: 2442
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

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#1. To: tpaine (#0)

I agree with Professor Calabresi and Mr. Levin on this matter.

Vicomte13  posted on  2018-05-22   10:41:40 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Vicomte13, Y'ALL (#1)

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.

I agree with Professor Calabresi and Mr. Levin on this matter. -Vic

Sounds to me that if everyone from now on, - challenged Mueller, as above, --- they could end this witch hunt...

Or, would it have to go to the Supreme Court first?

tpaine  posted on  2018-05-22   13:21:48 ET  Reply   Untrace   Trace   Private Reply  


#5. To: tpaine (#2)

Sounds to me that if everyone from now on, - challenged Mueller, as above, --- they could end this witch hunt...

Or, would it have to go to the Supreme Court first?

Probably the latter.

Congress could cut off his funding and salary, but that would still be resolved in court.

Anything that purports to stop Mueller will be challenged in court. So yeah, ultimately the Supreme Court has to decide the case. Maybe they'll decide it by NOT granting certiorari, and allowing an appellate court ruling to stand. But that will simply mean they have decided to leave the final ruling intact.

Vicomte13  posted on  2018-05-22   16:13:47 ET  Reply   Untrace   Trace   Private Reply  


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