The Special Unconstitutional Counsel

It appears that the very appointment of Robert Mueller, as Special Counsel, violates the U. S. Constitution. Constitutional scholar and radio talk show hosts Mark Levin is urging anyone who is being prosecuted or pursued by Robert Mueller to fight back using the “Appointment’s Clause” of  the Constitution.

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Steven G. Calabresi, a North Western Law School professor, is the genesis for this advice. He notes that only a Principle Officer, such as a U. S, Attorney, can behave the way Mueller is behaving. He also argues that Mueller is much more powerful than any of the 96 U. S. Attorneys.

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So if Mueller is acting as a Principle Officer, not an Inferior Officer, then this is a violation of the U. S. Constitution. Why, you ask?

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Principle Officers, like a U. S. Attorney, must be nominated by the president and confirmed by the Senate. By Mueller acting as a Principle Officer, not nominated nor confirmed, his office is usurping the powers of both the President and the Senate. Therefore the entire Mueller operation was, is and will be a violation of the “Appointment’s Clause” of the U. S. Constitution.

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If the Deputy Attorney General, Rod J. Rosenstein, chooses to again seek a Special Counsel, with Mueller’s powers to investigate Russian meddling in the 2016 election, then he would have to request it of the government official who has the constitutional authority to nominate such a Principle Officer, the President of the U. S., Donald J. Trump.

G. Ledger, Tuesday, May 29, 2018

G. Ledger, Tuesday, May 29, 2018