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Old 06-19-2018, 08:12 PM  
sarettah
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Join Date: Oct 2002
Posts: 14,053
A good rebuttal to the article you posted is at:
Legal Skills Prof Blog

In there they reference Morrison v Olson

https://supreme.justia.com/cases/fed.../654/case.html

In that case it was ruled that:

Quote:
2. It does not violate the Appointments Clause for Congress to vest the appointment of independent counsel in the Special Division. Pp. 487 U. S. 670-677.

(a) Appellant is an "inferior" officer for purposes of the Clause, which -- after providing for the appointment of certain federal officials ("principal" officers) by the President with the Senate's advice and consent -- states that "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."
So, it would appear to me that Mueller's appointment is quite constitutional.

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