General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsScary comments by George Will on Bill Maher
That for Mueller to function he had to be appointed by the president and confirmed by the senate. At least, I think that this is what he said.
That at some point someone could appeal to the supreme court and this whole investigation and indictments might be thrown out.
Will wait for Rhiannon12866 to post the clip.
Leith
(7,809 posts)I just hope that Mueller sends his findings to the states of New York, Virginia, and Maryland every day.
applegrove
(118,696 posts)DemocratSinceBirth
(99,710 posts)Thank you in advance.
Oh, the indictments wouldn't be tossed. They would just be handed over to DOJ prosecutors.
question everything
(47,487 posts)This is why I am waiting for the actual clip
DemocratSinceBirth
(99,710 posts)https://en.wikipedia.org/wiki/Morrison_v._Olson
question everything
(47,487 posts)Also the named - Ted Olson, Scalia..
Now we will have to see if any Trumpian will take Will at his words and try to run with it.
DemocratSinceBirth
(99,710 posts)question everything
(47,487 posts)Yes, he redeemed himself with the later case.
Not holding him responsible for his wife, who was killed on 9/11, but she then just wrote a nasty book attacking Hillary.
DemocratSinceBirth
(99,710 posts)I suspect he's one of the top litigators in the land.
empedocles
(15,751 posts)Narrower set of skills, not at street fighter, jury level, Avenatti level
[Nationwide only about a dozen respected Surpreme Court lawyers].
jberryhill
(62,444 posts)shanny
(6,709 posts)Last edited Sat Jun 16, 2018, 08:47 AM - Edit history (1)
since if refers to the position of Independent Counsel, iirc something that was created after Watergate. Kenneth Starr held that position, and egregiously abused it, and the law creating it was repealed or allowed to expire.
Mueller is NOT an Independent Counsel, he is a Special Counsel appointed by the Justice Dept. (technically the D.C. Circuit Court).
The Velveteen Ocelot
(115,748 posts)Wouldnt the appointment have been challenged in court by now if that were true?
question everything
(47,487 posts)On the other hand, I think, would hope, that secretly they too would like to know the extend of the Russian involvement.
DFW
(54,412 posts)You're thinking of the Secretary of Agriculture.
Sophia4
(3,515 posts)They could just hire him as another FBI agent and let him continue his work. But I am just guessing.
WASHINGTON The Justice Department appointed Robert S. Mueller III, a former F.B.I. director, as special counsel on Wednesday to oversee the investigation into ties between President Trumps campaign and Russian officials, dramatically raising the legal and political stakes in an affair that has threatened to engulf Mr. Trumps four-month-old presidency.
The decision by the deputy attorney general, Rod J. Rosenstein, came after a cascade of damaging developments for Mr. Trump in recent days, including his abrupt dismissal of the F.B.I. director, James B. Comey, and the subsequent disclosure that Mr. Trump asked Mr. Comey to drop the investigation of his former national security adviser, Michael T. Flynn.
Mr. Rosenstein had been under escalating pressure from Democrats, and even some Republicans, to appoint a special counsel after he wrote a memo that the White House initially cited as the rationale for Mr. Comeys dismissal.
https://www.nytimes.com/2017/05/17/us/politics/robert-mueller-special-counsel-russia-investigation.html
Hoyt
(54,770 posts)kcr
(15,317 posts)George Will is pulling that out of his ass.
Cicada
(4,533 posts)KT2000
(20,584 posts)Bill said that has been on fox news for the last year.
Will is still trying to normalize trump. He has no backbone. I fail top see why Maher wanted him on the show for so long. Arrogant windbag who thinks he is a genius but just a weak partisan.
question everything
(47,487 posts)I was just making out with George Will back stage
Maher: it took me nine years to get him
Eichner: it took me two minutes..
KT2000
(20,584 posts)pnwmom
(108,980 posts)in level to US attorneys -- he is subordinate to Rod Rosenstein -- and even U.S. attorneys don't always have to have Senate approval.
TheBlackAdder
(28,209 posts)leftynyc
(26,060 posts)And the difference lies between the special counsel and special prosecutor. Mueller is the former and as such can't prosecute which is why he must get indictments through the grand jury. I guess Donnie can fire mueller but the indictments will stand. This is especially true of Cohen who isn't being prosecuted by the special counsel but was handed off to the southern district. That part may have been done by design. I'd love to see two completely politically unaffiliated lawyers duke out that argument.
shanny
(6,709 posts)Special Prosecutor; Mueller is the latter and the former doesn't exist anymore (law authorizing the position lapsed).
Technically Donnie can't fire Mueller, only the AG (Sessions is recused so Deputy AG) can fire him and only for "cause."
leftynyc
(26,060 posts)He could issue indictments without going to the grand jury. My understanding is that he can't do that. I understand the technical issue regarding firing mueller but everyone knows that would be coming from the top.
shanny
(6,709 posts)pnwmom
(108,980 posts)about why that theory is wrong.
https://www.lawfareblog.com/terrible-arguments-against-constitutionality-mueller-investigation
In short, there is no serious argument that Special Counsel Muellers appointment violates the Appointments Clause specifically or the separation of powers generally.
* * *
A final observation: It isnt very surprising to see the president tweet a meritless legal position, because, as a non-lawyer, he wouldnt know the difference between a good one and a bad one. And there is absolutely nothing wrong with lawyers making inventive and novel arguments on behalf of their clients, or on behalf of causes or people they support, if the arguments are well-grounded in law and fact, even if the arguments ultimately turn out to be wrong. But the constitutional arguments made against the special counsel do not meet that standard and had little more rigor than the tweet that promoted them. Such a lack of rigor, sadly, has been a disturbing trend in much of the politically charged public discourse about the law lately, and one that lawyersregardless of their politicsowe a duty to abjure.
Hamlette
(15,412 posts)Mueller is a smart guy and I trust that all the other attorneys under him are smart, some smarter than Will.
There is no doubt in my mind that Mueller has done the research and is confident that the multiple hours of work he and his team are doing is not illegal.
Jim__
(14,077 posts)From factcheck:
In 1988, the Supreme Court ruled in Morrison v. Olson that the Constitution allowed an Independent Counsel to be appointed by a three-judge court, completely separate from the Executive Branch, Sklansky said via email. In reaching that conclusion, the Supreme Court held that an Independent Counsel is an inferior officer, not a principal officer, for reasons that very clearly apply to Mueller: (a) he can be removed by a higher-ranking Department of Justice official, (b) he is authorized only to investigate and, if appropriate, prosecute, particular federal crimes, not to formulate Department of Justice policy, and (c) his jurisdiction is limited to the matters delegated to him by the Department of Justice.
The only significant difference between Muellers appointment and the appointment scheme for Independent Counsels, upheld by the Supreme Court in Morrison v. Olson, is that Mueller, unlike the Independent Counsels, was appointed by President Trumps own appointee, Deputy Attorney General Rod Rosenstein, rather than by a three-judge court, Sklansky said. But that just makes the argument for the constitutionality of Muellers appointment even stronger. Given the Supreme Courts ruling in Morrison v. Olson, there is no remotely plausible argument that Muellers appointment was unconstitutional.
Granted that the current Supreme Court may rule in favor of right-wing bullshit; but the claim is false.
shanny
(6,709 posts)Last edited Sat Jun 16, 2018, 08:48 AM - Edit history (1)
a title which no longer exists since that law was allowed to lapse. He's a Special Counsel, different kettle of fish, appointed by DOJ (or technically the D.C. Circuit Court).
Jim__
(14,077 posts)pansypoo53219
(20,981 posts)Cosmocat
(14,566 posts)on progressives because of Woodrow Wilson or some bull s*** like that.
He's an intellectual lightweight who happens to talk like a mouse, one step ahead of Paul Ryan as a fraud.
empedocles
(15,751 posts)The shared investigations with the states and their constitutional authorities, the sealed indictments, the political storm against the Surpreme Court, the national political storms - very, very unlikely.
empedocles
(15,751 posts)Will did say of Trump early on, 'Is there any undesirable human trait Mr. Trump does not possess.' [That quote does capture relatively well a fair amount of 'the essence of trump' ]
Will also said recently, to the effect of; the voters who voted for trump will now learn by having to live with the consequences of their vote for trump. [liberally paraphrased because that's what I remember of his remarks].
Will does have some use, as well as his abuses, I guess.
The Velveteen Ocelot
(115,748 posts)and isnt actually a true conservative. But he does like GOP policies that oppress the poor and benefit the rich.
question everything
(47,487 posts)We admire them for sticking to their principles the way the old "country club" Republicans used to be, before turning into Dixicrats, but, of course they support the tax "reform" for example.
Similarly we admire these few members of Congress, like Corker who stand up to Trump because.. they are retiring.
peggysue2
(10,833 posts)Will also claimed that progressives were responsible for the arrival of the Trumpster, mapping it out to Woodrow Wilson, the ever-expanding presidency. Oh, please! And that the Dems may have a Trumpster-like character emerge in 2020.
Lots of projection and history rewrite going on. Basically no self-reflection, more along the lines: We didn't do it. It's not our fault. It could happen to you, too.
Not Will's finest moments. If he has fine moments, that is. Margaret Hoover was at least honest, calling a disaster a disaster and stating that any Republican who loves the country will vote Democrat in November.