“Mueller’s appointment violates the Appointments Clause. Mueller would’ve had to be nominated for Senate confirmation like any other principal officer in the Executive Branch. Rosenstein did not have the constitutional power to appoint a principal officer on his own anymore than the President himself does”
Well according to U.S. District Judge Amy Berman Jackson,
“The appointment of the Special Counsel was squarely within the Acting Attorney General’s authority and consistent with the Department’s Special Counsel regulations,” the motion argued. “And the Special Counsel is properly operating within the scope of his authority, including with respect to Manafort’s ongoing criminal prosecution.”
https://www.washingtonexaminer.com/news/federal-judge-dismisses-paul-manaforts-civil-case-against-robert-mueller
According to Berman, the authority of the Attorney General Sessions through Rosenstein can be assigned to Mueller ?
One thing is obvious, Jeff Sessions should resign.
Mafafort didn't make that argument in the civil case. Just that Mule team was operating outside of the scope letter and justice department guidelines. His lawyer makes the case in a brief that Mule team has no lawful authority to come after him, not that his position is unconstitutional.
for me the jury is still out on Sessions but it’s hard when we really don’t know if the plan went into effect when he recused himself for the others to hang themselves.