Levin: Mueller appointment is unconstitutional
- Thread starter tlwwake
- Start date
I think he's pretty good and fair. When Trump does dumb stuff, he calls him out. If you listen to his points, he makes a good case.
It is an interesting legal point. Bit of a techinality play. Lots of wrangling (historically) on whether US Attys are inferior appointments or not. Extrapolating that a Special Counsel is an US Atty seems a stretch... No doubt it will be litigated at some point.
No credentials in the law, but seems Trump would have to be indicted to have standing to challenge Mueller's appointment.
I heard him yesterday and he's reaching a bit on some of his statements and I didn't hear anything that was a slam dunk unconstitutional process. Lot's of "maybe's". He's got a point(s), but proving it in any court would be questionable. The stars would have to align, the moon in the 7th house, and Jupiter aligning with Mars type stuff.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3183324
9 Pages Posted:
Steven G. Calabresi
Northwestern University - Pritzker School of Law
Date Written: May 22, 2018
Abstract
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.
Keywords: Constitutional Law, Separation of Powers, and Criminal Law
9 Pages Posted:
Steven G. Calabresi
Northwestern University - Pritzker School of Law
Date Written: May 22, 2018
Abstract
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.
Keywords: Constitutional Law, Separation of Powers, and Criminal Law
