http://insider.foxnews.com/2018/05/...l-mark-levin-says-trump-russia-collusion-case
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 called on every defendant in the Mueller probe and all attorneys for those subpoenaed or affected to raise the issue of the Appointments Clause in court.
"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.
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 called on every defendant in the Mueller probe and all attorneys for those subpoenaed or affected to raise the issue of the Appointments Clause in court.
"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.
