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Mueller’s Investigation Crosses the Legal Line
The Wall Street Journal ^ | 13 May 2018 | Steven G. Calabresi

Posted on 05/13/2018 8:33:49 PM PDT by Meet the New Boss

snip

Mr. Mueller’s investigation has crossed a constitutional line, for reasons the U.S. Supreme Court made clear in the 1988 case Morrison v. Olson. That case is best known for Justice Antonin Scalia’s powerful lone dissent arguing that the post-Watergate independent counsel statute was unconstitutional. But Chief Justice William Rehnquist’s opinion for the court, while upholding the statute, set forth limits that the Mueller investigation has exceeded.

At issue is the Constitution’s Appointments Clause, which provides that “principal officers” must be appointed by the president with the Senate’s consent. Rehnquist wrote that independent counsel Alexia Morrison qualified as an “inferior officer,” not subject to the appointment process, because her office was “limited in jurisdiction” to “certain federal officials suspected of certain serious federal crimes.”

Mr. Mueller, in contrast, is investigating a large number of people and has already charged defendants with many different kinds of crimes, including—as in Mr. Manafort’s case—ones unrelated to any collaboration between the Trump campaign and Russia. That’s too much power for an inferior officer to have. Only a principal officer, such as a U.S. attorney, can behave the way Mr. Mueller is behaving. Mr. Mueller is much more powerful today than any of the 96 U.S. attorneys.

snip

As a principal officer, Mr. Rosenstein could legally have brought all the indictments Mr. Mueller has. But he may not delegate that authority to Mr. Mueller, any more than President Trump could delegate his veto power to Mr. Rosenstein.

(Excerpt) Read more at wsj.com ...


TOPICS: Breaking News; Crime/Corruption; News/Current Events
KEYWORDS: deepstate; jamescomey; lisapage; mueller; obamagate; peterstrzok; robertmueller; russia; specialcounsel; trump; trumprussia
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To: Meet the New Boss

This is a very good argument. Unfortunately it has swallowed the quaint idea that the government that we live under has the slightest intent to follow the constitution of 1789.

It is only used today as a template. Whatever the oligarchy wants to do must be written in a way that seems to follow it. But make no mistake, our government no longer feels bound to it. The only other use they find for it is when they want to use it against the people in some manner.


21 posted on 05/13/2018 9:51:39 PM PDT by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: Meet the New Boss
""Mr. Rosenstein could legally have brought all the indictments Mr. Mueller has. But he may not delegate that authority to Mr. Mueller, any more than President Trump could delegate his veto power to Mr. Rosenstein.

Isn't this what these Leftist subversives of our legal system do? Remember when Deputy Attorney General Rod Rosenstein and Attorney General Jeff Sessions said Comey was "wrong to usurp the attorney general's authority" by determining the investigation into Hillary Clinton's emails should be closed without prosecution?

22 posted on 05/13/2018 10:05:38 PM PDT by jonrick46 (Trump continues to have all the right enemies.)
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To: Equine1952

I’m not 100% sure on this. But feel and the same way you’ve described.


23 posted on 05/13/2018 10:17:10 PM PDT by GOP Poet
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To: Liz

Many people may have jail in their future, or hopefully long prison terms.


24 posted on 05/13/2018 10:21:37 PM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: heights

“Too bad Trump doesn’t have the gonads to Fire Him.”

Please stop your criticism of a great president.


25 posted on 05/13/2018 10:41:15 PM PDT by toldyou (Even if the voices aren't real, they have some pretty good ideas.)
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To: All

Dark state is not based on law. It is a beast of the field and it does what it wants.


26 posted on 05/13/2018 10:44:40 PM PDT by veracious (UN = OIC = Islam ; Dems may change USAgov completely, just amend USConstitution)
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To: Equine1952
"IMHO I believe Trump wants this to continue. He gets to play the victim, knowing he can stop this at his liesure It keeps us (his base) PO’d and depresses the left as mueller keeps failing and flailing. We keep voter turn out up and exposing the swamp creatures."

Yes it is WWF, he is the Hero and they are the Villians. I am waiting for the smack down however...

27 posted on 05/13/2018 10:44:45 PM PDT by taildragger ("Do you hear the people Singing? Singing the Song of Angry Men!")
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To: GOP Poet

It’s not my theroy, Rush Limbaugh was pointing out the obvious the other day. He also believes banking on hate long term loses. It’s really hard to carry hate at fever pitch that long. In the meantime Trump talks about an obvious witch hunt and said the left keeps proving they are liars. It also helps when the press picks on Sarah Sanders. She has a Huge and loyal fan following. A great lady doing a great job inspite of the a$$holes she has to deal with. I just happen to agree with Rush. And Mark Levin has been rocking lately.


28 posted on 05/13/2018 10:45:04 PM PDT by Equine1952 (Carry, practice, pray it don't happen. You ain't carrying you lose automtically.)
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To: Equine1952

Rush makes great points and it’s coming out in the wash as well. I haven’t had a chance to listen to Levin lately in depth. But will. I lately keep seeing content that catches my eye and attention and upon reading see it’s a quote from Levin. thanks!


29 posted on 05/13/2018 10:51:17 PM PDT by GOP Poet
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To: Meet the New Boss

“THAT WAS ON THE LINE!” - Mueller McEnrow


30 posted on 05/13/2018 10:52:29 PM PDT by a fool in paradise (Ads for Chappaquiddick warn of scenes of tobacco use. What about the hazards of drunk driving?)
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To: Equine1952
Exactly. As long as Mueller is making headlines the political opposition is nearly paralyzed by a completely false expectation that Mueller is going to knock POTUS out of the park, "any day now, just you wait you Trumptards, because Mueller has the goods on Trump AND Pence AND Ryan, and when Mueller drops the hammer and the rednecks start rioting, the UN will step in and make Hillary POTUS like she deserves to be, and ALL you redneck Nazi's will be rounded up and...", and so forth ad nauseum. Which is great, because it can never happen.

After all it took to get to this point, the Alliance would never permit the unwelcome removal of President Trump by ANY means. Whatsoever.

31 posted on 05/13/2018 11:26:50 PM PDT by JustaTech (A mind is a terrible thing)
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To: heights

“Too bad Trump doesn’t have the gonads to Fire Him.”

“HAHAHAHAHAHAHAHAHA!!!” I laughed sarcastically.


32 posted on 05/14/2018 2:20:30 AM PDT by TheStickman (#MAGA all day every day!)
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To: Equine1952

And Mueller’s team seems to be botching things so badly in these cases anyway ... they couldn’t do worse if they did it deliberately.


33 posted on 05/14/2018 2:21:41 AM PDT by Alberta's Child ("I saw a werewolf drinking a pina colada at Trader Vic's.")
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To: heights

Trump is watching Mueller flounder and flail in a deep cess pit of his own making. Why should the President pull him out. Let Mueller drown in Sxxt.


34 posted on 05/14/2018 2:29:10 AM PDT by Jimmy Valentine (DemocRATS - when they speak, they lie; when they are silent, they are stealing the American Dream)
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To: Liz; Meet the New Boss
The good news is that our man Huber is a US Attorney.

I can't wait.....

35 posted on 05/14/2018 2:55:35 AM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: heights
Too bad Trump doesn’t have the gonads to Fire Him

"Never do what your enemy desires, for this reason alone, that he desires it - Napoleon.

Mueller is begging to be fired. The question is, why?

36 posted on 05/14/2018 3:10:33 AM PDT by Jim Noble (The more you tighten your grip, the more star systems will slip through your fingers)
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To: Equine1952
It’s not my theroy, Rush Limbaugh was pointing out the obvious the other day. He also believes banking on hate long term loses. It’s really hard to carry hate at fever pitch that long. In the meantime Trump talks about an obvious witch hunt and said the left keeps proving they are liars. It also helps when the press picks on Sarah Sanders. She has a Huge and loyal fan following. A great lady doing a great job inspite of the a$$holes she has to deal with. I just happen to agree with Rush. And Mark Levin has been rocking lately.
__________________________________
Yes, and now we are starting to see the left acknowledge that the continued bashing of Trump is going to destroy them in November. POTUS has got them against the ropes and they know not what to do. As each of his accumulating accomplishments magically unfold, it validates to me that Trump has the Divine Hand of Providence assisting him.
37 posted on 05/14/2018 3:22:02 AM PDT by iontheball
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To: iontheball

Many on here had no problems hating Obama the full 8 years.


38 posted on 05/14/2018 3:36:29 AM PDT by pas
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To: JustaTech
As long as Mueller is making headlines, dumbo Dems can entertain voters, that "the Mueller act" is going to knock Trump out of the park.

The Dems "just know" that when Mueller drops the hammer, the UN will step in and make Hillary POTUS....and they'll all live happily ever after.

I loved fairy tales as a child....I'm so pleased that Dems love them, too (smirk).

39 posted on 05/14/2018 4:04:59 AM PDT by Liz
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To: pas

That isn’t an issue, hating Obama, what he stands for, and wanting his policies to fail utterly is completely appropriate since many of them were anti-American at best (did not have American interests at heart) or anti-Constitutional at worst.

Advocating for Obama’s removal from office at a personal level for a variety of reasons is not inappropriate when taking into account things like Fast and Furious as just one example.

But advocating, at various government (Congressional figures) and agency (FBI, CIA, DOJ) levels, and conspiring to do so on obviously false charges is beyond the pale and demands prosecution. This is quite a different thing.


40 posted on 05/14/2018 4:07:40 AM PDT by rlmorel (Leftists: They believe in the "Invisible Hand" only when it is guided by government.)
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