Saturday, May 26, 2018

The definitive case for the unconstitutionality of the Mueller appointment, by Professor Stephen Calabrisi

Opinion on the Constitutionality of Robert Mueller’s Appointment


Dick said...

The obvious questions are "Why can't Mueller's investigation be shut down"? Where the hell is AG Sessions? Why aren't Obama, public officials at InJustice Department, Federal Bureau of Entrapment, CIA, State Department, Judiciary and numerous other agencies being impeached/indicted for treason, sedition and whatever other crimes apply? All have dishonored their oath of office and violated the “public trust”. “Justice, my ass”.

Doug Mayfield said...

One wonders why those who oppose the investigation and who have law degrees and therefore should be aware of the law, for example, Rudy Giuliani below, have not brought out the points which Professor Calabrisi made.

Edward Lewandowski said...

Sessions is an incompetetent. He should be replaced post haste. It would appear that the political backlash from removing him would be less than removing Rothstein or Mueller

Ed Lewandowski

Benny White said...

I don't agree that the appointment was unconstitutional. Both the statutes and the regulations provide that a Special Counsel can be appointed by the Attorney General or Acting Attorney General.

There is an argument that could be made as to whether Rosenstein's appointment letter was sufficient to comply with the constraints in the Court's decisions or whether Rosenstein's supervision of this inferior officer is sufficient but the appointment itself is constitutional.

In addition, the actions by Mueller which arguably exceed the authority of his appointment and clearly exceed the constraints imposed by the Court cause his actions and the results to be questionable.

Unfortunately, Professor Calabrisi does not focus sufficiently on these legal arguments in this law review article. Instead, he launches into a political attack which I don't find legally persuasive.