Eeeek! LOL, I am afraid to even go in and look at that...kudos to you! (sincerely)
Sigh...I don’t know about you, but I read that as
A.) Mueller’s job is continuing (Meets requirement 1)
B.) Mueller DOES occupy a position to which has been delegated by legal authority a portion of the sovereign powers of the federal government (He does have Subpoena power, right?) (Meets requirement 2)
Which means Mueller’s position WOULD have to be fulfilled by appointment AND by confirmation as is done with an Attorney General.
NOTE: I throw my hands up in surrender on this-all other things I say may be completely out in right field! I have already ventured too far beyond my understanding! I thank both of you for taking me beyond where I would have ventured!
God, I hate this stuff. Hate it. The skulduggery. The corruption. The intrigue. The blood sport. I hate it all. Doesn’t mean I won’t be happy when someone is called to account, but I wish it never came to this.
I think they would make the case that it isn’t a continuing position because it isn’t a permanent appointment. The longer he sticks around would test that assumption. He could be there for 8 years which would be longer than many principle officers stay..