From Steven Calabresi, Northwestern University-Pritzker School of Law "I argue in this Legal Opinion that Deputy Attorney General Rod Rosenstein's appointment of Robert Mueller is unconstitutional both under the test for officer inferiority set forth in Justice Scalia's opinion in Edmond v. United States, which is cited as good authority in Free Enterprise Fund v. PCAOB and also under the test for officer inferiority set forth in Chief Justice Rehnquist's majority opinion in Morrison v. Olson. Under both tests, Mueller is acting as a principal officer even though he has not been nominated by the President and confirmed by the Senate. Mueller's appointment is therefore unconstitutional." https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3183324 A further op-ed... "In its decision in In re Grand Jury Subpoena, the U.S. District Court for the District of Columbia, egged on by a power-crazy acting attorney general, reached two startling and alarming conclusions in order to uphold the legality of Robert Mueller’s appointment as special counsel. The matter involved concerns the Appointments Clause of Article II of the Constitution, which provides: [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. First, the district court held that the attorney general has unbounded power to create inferior officers, not subject to Senate confirmation, who could replace the Senate-confirmed 92 permanent U.S. Attorneys, the twelve assistant attorneys general, the solicitor general, the associate attorney general, and the deputy attorney general in carrying out the powers of those offices. This argument is just plain wrong as a matter of statutory interpretation. The text and structure of the statutes in Title 28 of the United States Code all show that special counsels can be hired either as non-officer employees, with appropriately limited duties, or as officers to “assist” United States Attorneys in their duties. The statutes do not authorize the hiring of special counsels who serve as stand-alone officers who can displace the officers whose appointments are specifically enumerated in Title 28. In upholding the Robert Mueller appointment, the district court gave our Napoleonic acting attorney general plenary power to set up a shadow inferior officer Justice Department, thus evading the advice and consent function of the Senate. This threatens the civil liberties of all Americans and upends the concept of federalism. It should send chills down the necks of every senator who may soon face “a specially appointed inferior executive branch special counsel” to investigate criminal wrong-doing in the senator’s home state." https://thehill.com/opinion/judicia...ming-reason-for-upholding-the-mueller-crusade And further discussion.... "Thursday they ran into a buzz saw: the U.S. Court of Appeals for the D.C. Circuit, where the case—In Re Grand Jury Investigation—was argued before a courtroom with a couple dozen reporters and the spectator seating section half full. The case began strangely. It was as though a ghost hovered over the courtroom—the ghost of attorneys general past. The presiding judge, Karen LeCraft Henderson, began with an oblique instruction to counsel: that argument should proceed as though it happened Wednesday morning, not Thursday, and without reference to what she called the “events” of Wednesday afternoon—by which she meant the firing of Jeff Sessions. On those events, she said, the three-judge panel would likely ask for supplemental briefing. President Trump’s name never came up. (This morning, the D.C. Circuit issued this order calling for supplemental briefing “addressing what, if any, effect the November 7, 2018 designation of an acting Attorney General different from the official who appointed Special Counsel Mueller has on this case.”) So the argument proceeded as though the president had not just dismissed the attorney general over precisely the investigation at issue in court. It proceeded as though there were no issue about whether the new acting attorney general, and thus Mueller’s new boss, Matthew Whitaker, means to rein the investigation in, or shut it down altogether. It proceeded as though there were no issue about whether Whitaker, who, like Mueller, hasn’t been confirmed by the Senate, was validly appointed under the very same Appointments Clause under which Mueller’s appointment is being challenged at this very argument. (In fact, one of us argued just yesterday that Whitaker’s appointment does indeed violate the Appointments Clause.) The argument proceeded as though we were living through ordinary times and this was just another ordinary case.... Mueller exercises substantial executive power, but is not meaningfully supervised by anyone within the executive branch, and Mueller is not subject to removal except for good cause. Not only that, claims Kamenar, Mueller has all of the power not just of a U.S. attorney but of all U.S. attorneys, since he can bring cases in more than one federal judicial district; in Kamenar’s words, Mueller is like a “like a U.S. attorney at large.” https://www.lawfareblog.com/dc-circuit-considers-constitutionality-bob-muellers-appointment And yet, if the House impeaches based on it, Trump has no judicial recourse, constitutional or otherwise. It would be a "political question" beyond the Court's province." This was all bullshit, and aimed at one thing only....get Trump out of office by any means necessary.
100 bucks bb posts Jim Morrison. He'll cut a deal with you however giving you 50 if you take me up on it.
Well you should. The dems put all their hope into big nose bob and he let them all down. Why do you think they are now going with plan f or g or whatever they are now on.
I'm a bit insulted that you would think so lowly of me. Now Tiga! You don't want your goat anywhere near that crazy bastid
