Posted on 05/23/2018 1:32:02 PM PDT by Meet the New Boss
snip
I’ve explained in previous writings why Robert Mueller’s appointment is unconstitutional under Chief Justice Rehnquist’s majority opinion in Morrison v. Olson. The basic problem is that Mueller is more powerful and famous than are any of the 96 U.S. attorneys, but unlike them he was never nominated by the president and confirmed by the Senate. In this investigation, Mueller is not acting like an assistant U.S. attorney who is an inferior officer. He is instead acting like a U.S. attorney, who is a principal officer and who must be nominated by the president and confirmed by the Senate.
The unconstitutionality of Mueller’s appointment renders everything he has done since May 17, 2017, unconstitutional as well. This includes obtaining a log of calls by President Trump’s personal lawyer Michael Cohen, and his referral of Cohen to the United States attorney’s office for the Southern District of New York....
When an official uses government power in an unconstitutional way, anything that results from it is subject to the exclusionary rule and is not admissible in court. Since the investigation by the U.S. Attorney's office for the Southern District of New York was started due to an arguably unconstitutional call log that violates both the Appointments Clause and attorney-client privilege, the federal courts should hold that any prosecutions that result of Cohen or anyone else that grew out of the Mueller referral are unconstitutional and null and void.
Moreover, Mueller’s prosecution of former Trump campaign chairman Paul Manafort in Virginia is unconstitutional even if some of his prosecutors have special status as members of the relevant U.S. Attorney’s office in that state. Their actions are under Mueller’s supervision. Because of Mueller’s unconstitutional appointment as special counsel, the raid of Manafort’s house is also the fruit of a poisonous tree.
(Excerpt) Read more at thehill.com ...
Mueller interviewed with President Trump in the course of the President's proceedings to fill the vacant FBI directorship.
Amazingly, the very day after the interview, Mueller accepted appointment as Special Counsel.
The appointment by Rosenstein was not made in the snap of a finger. It was undoubtedly the culmination of consideration and conversation during a number of days.
Did Mueller misrepresent his purpose in interviewing with President Trump? Was it only a pretext to gather information and evaluate Trump for purposes of the Special Counsel investigation?
If so, Mueller may have committed a felony.
Furthermore, Trump almost certainly discussed with those interviewing for the FBI position his issue with the prior director, to make sure the new guy would not repeat those mistakes.
Such a conversation would give Mueller a conflict of interest in this matter and disqualify him from investigating and prosecuting the President for firing the former FBI director.
RR not Rod Rosenstein, the fact he RailRoaded the nation...
Rosenstein didn’t make the mess.
Obama did.
It was never intended to get to court.
It was all intended to serve three purposes:
1) Convince Trump to resign (failed).
2) Provide justification for impeachment (probable fail).
3) Create a bargaining chip to keep conspirators in the Clinton-Obama Cabal out of prison (tbd).
“Rosenstein didn’t make the mess.
Obama did.”
Sessions.
Rosenstein made it partisan when he specifically put in the letter appointing Mueller that his focus would be on investigating Trump. If he had just said “Russian influence,” he would have escaped some of the blame.
“The unconstitutionality of Mueller’s appointment renders everything he has done since May 17, 2017, unconstitutional as well.”
Utterly meaningless without someone to deal with it.
“Steven G. Calabresi is a co-author of “The Unitary Executive: Presidential Power from Washington to Bush” and the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law.”
Let’s ask his wife why he made the mess. She’d know.
That’s my understanding.
Many folks think there’s no difference between his and other people’s appointments.
There is.
Now admittedly, I don’t know all the fine details of that, but I believe it’s a valid point and one that needs to be made and shouted far and wide.
This is nothing more than an illegal attempt at a coup.
The nature of this entire case is very much “Damn the legalities, full speed ahead! The media are covering our flanks!” None of this was actually intended to make a court of law, it was and continues to be intended to make a purely fraudulent political case in front of a Democrat House, which will operate under whatever rules it desires. That may turn out to be a bit of a disappointment, I suspect.
Mr. President can we start by firing this treasonus prick please?
BTW: If we go back and watch how the Clintons and then Obama have operated, we’ll see that they used legal trickery to do the things they wanted.
This is just more of that, and I think both of those people were in on the illegality of this, but they need to be charged and prosecuted for it.
Does this read autopsical, past-tenselike to you?
In the words of Oliver Wendell Holmes, Jr.: “The law is what the judges say it is.”
Senator Grassley has demanded the unredacted version of Rosenslime’s Special Counsel Appointment Letter.
They thought they had a President Hillary in their hip pockets. Even if the worst happened and something leaked, there would be full pardons all around.
Rosenstein didn’t make the mess.
*************
Did you ever read Rosenstein’s Appointment of Special Counsel Order 3915-2017? Its a license to conduct an endless, open ended, fishing expedition that has turned into an extralegal witch hunt. Its an investigation in search of a crime.
I get your point that Obama instigated the spying, but it was Rosenstein who made it a mess that is threatening to create a serious constitutional crisis.
Excellent. He should demand to see more.
Correct. This has nothing to do with Black letter law or Constitutional issues, Mueller was created to fight Trump in the Court of public opinion.
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