Mueller Probe Set To Fail Under Article II

[Political Junky]

The "Appointments Clause" provides that "principal officers" must be appointed by the President with the Senate's consent." But the Mueller team was given "special status" to several prosecutors on his team, by Deputy Attorney General Rod Rosenstein in their probe of former Trump campaign chief Paul Manafort, the entire investigation may be invalidated, thus "unconstitutional!"
The self-inflicted "catch-22" scenario by Rosenstein giving unlimited power to Mueller is exactly what the "Appointments Clause" under Article II of the Constitution was designed to prevent.
The Mueller attorneys presiding over the Manafort case before Federal Judge T.S. Ellis III, in Alexandria, VA., may have violated Article II of the Constitution because they not only represented the office of the special counsel, but also simultaneously considered "Special Assistant U.S. Attorneys." Therefore Mueller, (who's the direct supervisor) should be legally considered a "roving" U.S. Attorney.
Now here's where it gets dicey, under the Constitution only the President can nominate all "principal officers," including U.S. attorneys and cabinet members. However Deputy Attorney General Rod Rosenstein appointed Mueller as special counsel. Moreover, Rosenstein is a "political appointee" and as such was never "confirmed" by the Senate, as anyone serving as a U.S. attorney by law must, thus the entire investigation may be invalid. The case can be made that Rosenstein usurped the authority of the President of the United States to nominate whoever he wants as a prosecutor. Mr. Mueller is serving unconstitutionally in violation of the Appointments Clause of the U.S. Constitution because of the way Rod Rosenstein appointed him. All attorneys involved could openly challenge whatever subpoenas the Mueller team throws out, to raise as a defense, the Appointments Clause in court.
This Mueller probe has been illegal since the start and is set to ultimately fail. This isn't a dodge by the Right, just another example of how desperate the Left is to try to hang this President any way they can to nullify his election.

Wish in one hand and ....

 

[basquebromance]

“This investigation involved far more surveillance than we ever had any idea about. It wasn’t just a wiretap against a campaign aide...it was secretly gathering information on the Trump Campaign...people call that Spying...this is unprecedented and scandalous.” Miss Mollie Hemingway

 

[JakeStarkey]

The Trump campaign's criminal activity was "unprecedented and scandalous."

 

[bripat9643]

The Trump campaign's criminal activity was "unprecedented and scandalous."

Please list it for us.

 

[Crepitus]

Sorry, but that is incorrect. The constant posts about how the mueller investigation is "going down" or "unconstitutional" are nothing more than desperate twistings and turnings of people who know they have had it.

So you say that it's not unconstitutional ? How can you conclude that, when Article II shows that.

You are misreading it. Actually I'm.betting you haven't read it at all and are relying on Alex Jones's interpretation of it.

 

[PredFan]

Lefties are some of the stupidest people I've ever seen.

 

[tyroneweaver]

The Special Counsel is exempted from Article II requirements.

Show me where it says that!

It’s b/c mueller has a boss, Rosenstein
Which Kondor3 didn’t explain b/c he’s too stooopid

 

[JakeStarkey]

I am sure hard alt right phans think that, PredFan.

 

[JakeStarkey]

The Special Counsel is exempted from Article II requirements.

Show me where it says that!

It’s b/c mueller has a boss, Rosenstein
Which Kondor3 didn’t explain b/c he’s too stooopid

It's in the law, ty.

 

[DrLove]

Yes - if you saw his interview with Dana Bash yesterday on Meet the Press .. You'd know that indeed Rudy is running out of words.

The senile, angry old bastard can't string a coherent sentence together -

Which is why it reminded me of the OP

No, YOU are running out of words - so you posted pictures instead.

Giuliani ? He's a New Yorker, like Trump. He'll never be out of words.

Yes, they both know words - They have the BEST words!

 

[JakeStarkey]

Words.

 

[Crepitus]

“This investigation involved far more surveillance than we ever had any idea about. It wasn’t just a wiretap against a campaign aide...it was secretly gathering information on the Trump Campaign...people call that Spying...this is unprecedented and scandalous.” Miss Mollie Hemingway

"Scandalous" to protect our nation and our electoral process?

 

[Crepitus]

Lefties are some of the stupidest people I've ever seen.

Lol, ^the words of someone who can't think of anything intelligent to say but still wants to be heard. Just like a little kid they are.

 

[tyroneweaver]

The Special Counsel is exempted from Article II requirements.

Show me where it says that!

It’s b/c mueller has a boss, Rosenstein
Which Kondor3 didn’t explain b/c he’s too stooopid

It's in the law, ty.

How many times have you been wrong about things Jake
A law isn’t a law until it’s been tested in court

 

[protectionist]

FALSE! The Article II appointment clause requirements apply to only 'principle officers', and SC does not fall into that category. SCOTUS has ruled on that, and there are no Alt Right fake exceptions..

FALSE! The Constitution clearly says otherwise. Once again here it is >> and all other Officers of the United States, whose Appointments are not herein otherwise provided for,..."

 

[JakeStarkey]

The Special Counsel is exempted from Article II requirements.

Show me where it says that!

It’s b/c mueller has a boss, Rosenstein
Which Kondor3 didn’t explain b/c he’s too stooopid

It's in the law, ty.

How many times have you been wrong about things Jake
A law isn’t a law until it’s been tested in court

Far, far less than you, ty. Remember, you vote for Loser U.

 

[JakeStarkey]

FALSE! The Article II appointment clause requirements apply to only 'principle officers', and SC does not fall into that category. SCOTUS has ruled on that, and there are no Alt Right fake exceptions..

FALSE! The Constitution clearly says otherwise. Once again here it is >> and all other Officers of the United States, whose Appointments are not herein otherwise provided for,..."

FALSE! Yes, the Constitution clearly points out you are wrong!

 

[protectionist]

No, I didn't. Have you actually read the Appointments clause?

... and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

You understand that the (Acting) Attorney General is the "head" of a "department", right?

I posted it quite a while back, and I always read what I post. Sure I read it. And as I told you >> The words "inferior officers" is part of Article II., They refer to what CONGRESS can do (not some Asst AG) Yes, I understand quite well. Do you ?

"the Congress may by Law vest the Appointment of such inferior Officers,..."

 

[JakeStarkey]

And the SC is not an inferior officer, either, Protectionist.

Show us in Law where that office is an inferior office.

You can't.

 

[protectionist]

FALSE! Yes, the Constitution clearly points out you are wrong!

This is the kind of obvious lying that the American people saw through in 2016.
Back then, the voters (the ones with brains) saw through the Hillary lies, and resented being lied to. That's probably what is happening again now. So you can lie if you choose to. You can do that.

You might be a better ambassador for the right, than anybody else.