Quote:
Originally Posted by onwebcam
"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.
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And you did not read what I quoted.
The rules for a special counsel is covered under US Code Chapter 40. (The US Code is the set of Laws passed by Congress and the rules established to enforce them) And the US Code clearly gives the Attorney General the role of appointing Special Counsel, in particular an Outside counsel (outside counsel means someone NOT employed by the US attorneys office as an Attorney)
28 CFR Part 600 (which is referenced iin the article I quoted) covers the powers of a special counsel. 600.1 Grounds for appointing a special counsel states:
Quote:
§ 600.1 Grounds for appointing a Special Counsel.
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -
(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
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So, in contrast to what you stated, Congress has established that the Attorney General Can appoint Special Counsel and that that counsel should be from OUTSIDE the US Attorneys office.
Furthermore, since the Attorney General (or in the case of recusal the next in line) has hire and fire control of the special counsel and the Attorney General defines the scope of the investigation the Special Counsel is by all definitions an INFERIOR officer and NOT subject to the Appointments clause.
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