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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: rlmorel; pas
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.

You're correct.

We must also recognize that the Democrat Media Death Star was allowing 0bama and company to get away with in-your-face IRS audits of their political enemies, false prosecutions of their political enemies (D'Souza and O'Keefe), felonious activites by AG "Dick" Holder and others and political spying with the NSA and other administration organs.

If President Trump had even a WHIFF of this kind of activity, the Media Death Star would create a 48-hour news day in order to foam more rabidly at Trump.

61 posted on 05/14/2018 9:55:44 AM PDT by kiryandil (Never pick a fight with an angry beehive)
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To: frank ballenger; wmileo
And locally the rulings in favor of little BLM and LGBT and pro-abortion judges are upheld by the district above them.

I call them "the little Federal judge-presidents"...

62 posted on 05/14/2018 9:57:08 AM PDT by kiryandil (Never pick a fight with an angry beehive)
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To: kiryandil

I have never been one to advocate using the tactics of the left against them, but if they are LEGAL tactics, and they have been employing them for political purposes, I am all on board for turning the tables.

It is one of the reasons I find so hilarious and satisfying their fever-swamp foaming at the mouth (such a fitting description) indignation that Trump’s conservative judicial nominees are being pushed through at such a breakneck speed and they can’t do a thing about it, because...they were the ones who changed the rules, against the advice of Republicans who tried to tell them that if they change the rules, those very rules will be used against them, and that they weren’t going to like it!


63 posted on 05/14/2018 10:03:39 AM PDT by rlmorel (Leftists: They believe in the "Invisible Hand" only when it is guided by government.)
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To: Meet the New Boss

“Mr. Mueller...is investigating a large number of people”

And now I imagine that Mueller will soon be investigating the Wall Street Journal and sending SWAT teams to raid their offices and the homes of their reporters at 3am in the morning.

I mean...really...the nerve of these people to question and report on their overlords!


64 posted on 05/14/2018 10:35:54 AM PDT by MeganC (There is nothing feminine about feminism.)
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To: heights

>.Too bad Trump doesn’t have the gonads to Fire Him.
*****************************************************
Oh, he’s gott’em allright. And they are YUGE.

He’s also got GENIUS brain cells to know EXACTLY when to use’em!


65 posted on 05/14/2018 3:02:11 PM PDT by Kalamata (bibleresearchtools.com)
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To: Basket_of_Deplorables

He’ll do it when the time is right. He has an amazing sense of timing!


66 posted on 05/14/2018 3:04:43 PM PDT by Kalamata (bibleresearchtools.com)
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To: Candor7

If Mueller orders his KGB Swat Team to do to Ivanka, what he did to Mrs. Manafort, I think that would be the overstepping point!


67 posted on 05/14/2018 3:06:23 PM PDT by Kalamata (bibleresearchtools.com)
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Comment #68 Removed by Moderator

To: Max Tactical
You think Ken Starr and Scalia are wrong. Is Judge Ellis wrong to scorn the Mueller team too? Mueller and the IC law need to be reined in.

The GOP lost political power because of the Starr investigation. Let's hope the same thing happens to the Dems because of Mueller, but remember Clinton had the media on his side.

69 posted on 05/14/2018 5:01:42 PM PDT by ding_dong_daddy_from_dumas (Mozart tells you what it's like to be human. Bach tells you what it's like to be the universe)
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To: Jim Noble
Mueller is begging to be fired. The question is, why?

It is the same reason that Rosenstein talks about being fired as he obstructs Congress from getting documents.

It is the same reason that RATS and nitwits like Linda Graham (RINO-SC) talk about Mueller being fired.

It is the same reason the RAT press talks about Mueller and Sessions being fired.

What is going on? The RATS know that Trump did NOT collude with Russia. BUT, they can get Trump impeached and slaughtered in the ratings IF and ONLY IF he fires them all in a NIXONIAN like Saturday night massacre.

Trump is smarter than ALL of the rats and most of the FREEPERS too. The RATS keep digging their holes deeper, why would Trump want to stop them?

70 posted on 05/14/2018 5:11:43 PM PDT by politicianslie (Lying to Americans is easy-Presstitutes repeat what they are told to say!-and they say it 24/7)
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To: Texas Eagle

Which Inspector General has jurisdiction to look over Mueller’s activities to keep him between the guard rails. Oooops, no guardrails, just a prime directive to derail Trump.


71 posted on 05/15/2018 5:23:24 PM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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