Constitutional expert Mark Levin dropped a MOAB on Mueller’s witch hunt Tuesday evening, arguing the ‘special status’ obtained by the special counsel’s lawyers show the probe is unconstitutional under Article II.
Via Fox News:
Levin said the attorneys in the case before an Alexandria, Va. federal judge are simultaneously considered “Special Assistant U.S. Attorneys.”
He said that therefore, their direct supervisor — Mueller — should be lawfully considered a “roving” U.S. Attorney.
He said the Constitution designates the president as the person who must nominate all “principal officers” — including U.S. attorneys and cabinet members.
But, Mueller was appointed by Deputy Attorney General Rod Rosenstein and was not confirmed by the Senate, as anyone working as a U.S. attorney should be by law, according to Levin.
Levin said that the scenario therefore “violates the Constitution [via] the Appointments Clause” in Article II.
“Rosenstein usurped the authority of the president of the United States to nominate whoever he wants as a prosecutor,” Levin said.
“Mr. Mueller is serving unconstitutionally in violation of the Appointments Clause of the U.S. Constitution because of the way Rod Rosenstein appointed him.”
Levin Clip:
Moab drops