Posted on 10/31/2017 7:03:48 AM PDT by rightwingintelligentsia
Paul Manafort and Richard Gates have pleaded not guilty to all charges in Robert Mueller’s Russia probe, but at least one legal scholar has suggested special counsel Robert Mueller’s investigation may not be constitutional.
According to the reasoning, one of the key factors is how Mueller's role is structured. Jeff Sessions recused himself, and Deputy Attorney General Rod Rosenstein has said Mueller doesn’t report to him with day-to-day decisions.
Because of that, Pepperdine University law professor Douglas W. Kmiec says that Mueller effectively does not have a supervisor — and without one, the Senate would have to confirm Mueller as an executive appointee. Otherwise, his appointment is unconstitutional.
In an op-ed for the Los Angeles Times penned in July, Kmiec suggested that — with Comey’s alleged assumption that President Trump is a wrongdoer— and the special counsel process labelling him as such, that “the investigation itself is arguably equivalent to an unconstitutional indictment.”
(Excerpt) Read more at aol.com ...
“and Deputy Attorney General Rod Rosenstein has said Mueller doesn’t report to him with day-to-day decisions”
Seriously? Rosenkranz, er, Stein admitted that?
There’s no provision in the enabling law for an SC to simply go off by himself and become the Grand Inquisitor beholden to no one. Who the hell died and made Bob Mueller King of America?
Laws only apply to Republicans. The MSM will not care if the rules are broken to take down Republicans.
Who the hell died and made Bob Mueller King of America?
Whoever has to...
Hillary Clinton
Sadly, nothing will ever come of it.
“Rosenkranz”
Thank you. Can’t be said enough.
Not the first time I’ve seen this theory, going back to the original appointment. There was an actual Congressman or two claiming it last week as well.
Probably true, but I expect this to garner as much action as a kenyan with a Photoshopped Fake Birth Certificate being removed as a usurper.
Sessions.
“Who the hell died and made Bob Mueller King of America?”
Deep Statist Rip van Sessions?
Sad, but true.
This almost feels like a built-in Failsafe —
Scenario #1) Mueller is King of America with unlimited power to get anyone he wants. If he generates the desired outcome (Trump impeachment) then Scenario #1 is how things go.
Scenario #2) Mueller fails to generate the expected outcome — Oops! Ignore that man. Game over. Full stop. Don’t bother Tony Podesta! Mueller was illegally appointed, so we’ll just forget all about the whole thing.
Non-starter. We should recall what Roberts did for Obamacare. Judges will circle the wagons and find some way to justify Mueller because he’s part of the club and, besides, it is Trump at the focus. Sadly, no way would any judge discredit the investigation or their tactics.
I’ve seem other people state that Mueller was illegally appointed because he was supposed to investigate collusion, which is not a crime. Special counsels are only supposed to investigate actual crimes.
In the end, Muller is a tool of the DC Swamp, which is trying to expel Trump from the Body-Politic for not being one of them.
Good luck with that.
Exactly how I’m interpreting this. Whata dang joke.
Yes, that’s another great point that you just made. The fact that Rosenstein appointed him at all, with no actual evidence of an underlying crime, is a violation of the Special Prosecutor statue as well. As usual though with any legal argument, “it depends one the judge” and I wouldn’t be surprised to see some of this end up in front of the Supreme Court.
Let the process unwind itself..i hoped there are good legal minds working for the good guys - and protected from evil
Very good point. The sealed indictments therefore amount to Bills of Attainder and are explicitly unconstitutional.
No wonder the whole proceedings sounded like the Court of Star Chambers. That’s exactly what it is.
So what is anyone going to do about it? I suspect, nothing.
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