Quote:
Originally Posted by sarettah
|
You didn't read what you quoted apparently.. It pretty much states the exact same thing as what I posted..
Congress didn't appoint him
And they haven't made it into law that someone other than themselves or the President can.. They did have a law up until 1999 but not since then. That all is addressed in my link.
"Robert Mueller is not an inferior officer of the United States because Congress has not, by law vested in the attorney general, the power to appoint special counsels to investigate wrong-doing by the president of the United States or other high level government officials.
Attorney General Janet Reno adopted a Department of Justice regulation to this effect in 1999, after the Ethics in Government Act sunsetted out of existence, which purported to create special counsels to investigate high-level or presidential wrongdoing, but she had no statutory authority to appoint Special Counsels to be inferior officers. Reno’s regulation, “Grounds for appointing a Special Counsel", was blatantly unconstitutional.
Some might defend Reno’s regulation by pointing to 28 U.S.C. Section 515(a), which provides that:
“The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings ... whether or not he is a resident of the district in which the proceeding is brought.”
This provision does not, however, authorize the creation of new inferior officer special counsels like Robert Mueller. "
Lisa Page was "Special Counsel" to the FBI... There's a HUGE difference in her duties as special counsel as opposed to Mueller's.
Edit: Also just noticed that case was from 1988..