Conservative radio and television host Mark Levin dropped a bombshell about Robert Mueller’s investigation that could render the probe unconstitutional.
The Constitutional expert explained on Fox News’ “Hannity” on Tuesday that a new “special status” given to the special counsel’s lawyers show that the investigation into alleged Russian collusion with President Donald Trump’s campaign is unconstitutional under Article II.
Levin noted that in the part of the Mueller probe involving former Trump campaign chief Paul Manafort, attorneys in the case before an Alexandria, Va. federal judge are considered “Special Assistant U.S. Attorneys” and Mueller, as their supervisor is considered a “roving” U.S. Attorney.
But U.S. attorneys, cabinet members and all “principal officers” are supposed to be nominated by the president, per the Constitution.
“The appointment of Mueller is utterly unconstitutional, ” Levin declared.
The fact that Mueller was appointed by Deputy Attorney General Rod Rosenstein without Senate confirmation therefore “violates the Constitution [via] the Appointments Clause” in Article II.
“Rod Rosenstein gave him an agenda that is so broad – not a specific individual, not a specific statute, not even a specific matter – and not only was the initial appointment incredibly broad, he keeps expanding it,” Levin said.
“Also, we learned something today that is absolutely incredible,” Levin added, citing a report by Politico on Monday which stated:
Several court filings indicate that when lawyers from Mueller’s office appeared in federal court in Alexandria earlier this year, they did so not only as representatives of Mueller’s office but as special assistant United States attorneys (SAUSAs) attached to the United States attorney’s office there.
That designation gives the Mueller prosecutors a kind of dual status that could complicate any attempt by U.S. District Judge T.S. Ellis III to try to shift the case to federal prosecutors based in Alexandria — a possibility the judge mentioned on a couple of occasions during a contentious hearing earlier this month.
“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 called on “every defendant in this case, every witness in this case, everybody who received a subpoena in this case” to “raise the issue of the appointments clause.”
“The breadth of his investigation is so massive, so broad [that] four of his own people get dual appointments [as assistant U.S. attorneys],” he added.
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