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question everything

(47,487 posts)
Fri Jun 15, 2018, 11:31 PM Jun 2018

Scary 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.


40 replies = new reply since forum marked as read
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Scary comments by George Will on Bill Maher (Original Post) question everything Jun 2018 OP
That Is Scary Leith Jun 2018 #1
I heard it too. applegrove Jun 2018 #2
Where did Will get his J.D. ? DemocratSinceBirth Jun 2018 #3
He quoted an older opinion, by the Supreme Court, I think question everything Jun 2018 #4
Morrison v. Olson, 487 U.S. 654 (1988) DemocratSinceBirth Jun 2018 #7
Thank you. Interesting. question everything Jun 2018 #8
The famed Ted Olson who argued successfully for marriage equality. DemocratSinceBirth Jun 2018 #9
Also successfully at Bush. v. Gore question everything Jun 2018 #12
Trump tried to hire him but he declined. Not hard to understand why. DemocratSinceBirth Jun 2018 #13
Appellate lawyer empedocles Jun 2018 #29
That's the act which expired years ago jberryhill Jun 2018 #16
I doubt if that has anything to do with anything shanny Jun 2018 #26
What does he know? He's a pompous pundit, not a lawyer. The Velveteen Ocelot Jun 2018 #5
Agree. One would think that even the Republicans wouls have at least one legal mind question everything Jun 2018 #36
Not quite, George DFW Jun 2018 #6
Mueller was appointed by the Justice Department. Sophia4 Jun 2018 #10
Well, if true, trump would have appointed Jared Kushner as special counsel. Hoyt Jun 2018 #11
Nonsense kcr Jun 2018 #14
Few agree with Will and indictments are issued by grand jury, not mueller Cicada Jun 2018 #15
he was awful KT2000 Jun 2018 #17
Loved Billy Eichner's comment upon entering question everything Jun 2018 #37
yes! - that was good KT2000 Jun 2018 #40
I read a long analysis somewhere why that is wrong. Mueller is NOT equivalent pnwmom Jun 2018 #18
Yep. George Will needs to conflate the two in order to make his flawed premise slightly plausible. TheBlackAdder Jun 2018 #19
I don't think that's correct leftynyc Jun 2018 #20
Independent Counsel and shanny Jun 2018 #28
If he were a prosecutor leftynyc Jun 2018 #31
Oops--my bad: Special Counsel. shanny Jun 2018 #32
George Conway, KellyAnne's anti-trumper husband, has written convincingly pnwmom Jun 2018 #21
here's why I call BS Hamlette Jun 2018 #22
Mueller is not a principal officer. Jim__ Jun 2018 #23
Mueller is not an Independent Counsel, shanny Jun 2018 #27
That fact is explicitly addressed in post #23. - n/t Jim__ Jun 2018 #34
bs. if said preznit is a criminal. pansypoo53219 Jun 2018 #24
The arrogant puke bag also blamed 45 on Cosmocat Jun 2018 #25
Whole trump investigation, indictments, 'things' - very, very, unlikely to be 'thrown out'. empedocles Jun 2018 #30
I share the forum's negative consensus on G. Will, however, empedocles Jun 2018 #33
Will doesn't like Trump because Trump is tacky, low-class, ill-mannered The Velveteen Ocelot Jun 2018 #35
Same with the other conservatives: David Brooks and Brett Stephens question everything Jun 2018 #38
Just listened to that segment peggysue2 Jun 2018 #39

Leith

(7,809 posts)
1. That Is Scary
Fri Jun 15, 2018, 11:34 PM
Jun 2018

I just hope that Mueller sends his findings to the states of New York, Virginia, and Maryland every day.

DemocratSinceBirth

(99,710 posts)
3. Where did Will get his J.D. ?
Fri Jun 15, 2018, 11:36 PM
Jun 2018

Thank you in advance.


Oh, the indictments wouldn't be tossed. They would just be handed over to DOJ prosecutors.

DemocratSinceBirth

(99,710 posts)
7. Morrison v. Olson, 487 U.S. 654 (1988)
Fri Jun 15, 2018, 11:43 PM
Jun 2018
Morrison v. Olson, 487 U.S. 654 (1988), is a United States federal court case in which the Supreme Court of the United States decided that the Independent Counsel Act was constitutional.

https://en.wikipedia.org/wiki/Morrison_v._Olson

question everything

(47,487 posts)
8. Thank you. Interesting.
Fri Jun 15, 2018, 11:48 PM
Jun 2018

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.

question everything

(47,487 posts)
12. Also successfully at Bush. v. Gore
Fri Jun 15, 2018, 11:58 PM
Jun 2018

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)
13. Trump tried to hire him but he declined. Not hard to understand why.
Sat Jun 16, 2018, 12:00 AM
Jun 2018

I suspect he's one of the top litigators in the land.

empedocles

(15,751 posts)
29. Appellate lawyer
Sat Jun 16, 2018, 08:24 AM
Jun 2018


Narrower set of skills, not at street fighter, jury level, Avenatti level

[Nationwide only about a dozen respected Surpreme Court lawyers].
 

shanny

(6,709 posts)
26. I doubt if that has anything to do with anything
Sat Jun 16, 2018, 08:02 AM
Jun 2018

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)
5. What does he know? He's a pompous pundit, not a lawyer.
Fri Jun 15, 2018, 11:41 PM
Jun 2018

Wouldn’t the appointment have been challenged in court by now if that were true?

question everything

(47,487 posts)
36. Agree. One would think that even the Republicans wouls have at least one legal mind
Sat Jun 16, 2018, 02:03 PM
Jun 2018

On the other hand, I think, would hope, that secretly they too would like to know the extend of the Russian involvement.

 

Sophia4

(3,515 posts)
10. Mueller was appointed by the Justice Department.
Fri Jun 15, 2018, 11:50 PM
Jun 2018

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 Trump’s campaign and Russian officials, dramatically raising the legal and political stakes in an affair that has threatened to engulf Mr. Trump’s 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. Comey’s dismissal.

https://www.nytimes.com/2017/05/17/us/politics/robert-mueller-special-counsel-russia-investigation.html

KT2000

(20,584 posts)
17. he was awful
Sat Jun 16, 2018, 01:42 AM
Jun 2018

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)
37. Loved Billy Eichner's comment upon entering
Sat Jun 16, 2018, 02:14 PM
Jun 2018

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..

pnwmom

(108,980 posts)
18. I read a long analysis somewhere why that is wrong. Mueller is NOT equivalent
Sat Jun 16, 2018, 02:04 AM
Jun 2018

in level to US attorneys -- he is subordinate to Rod Rosenstein -- and even U.S. attorneys don't always have to have Senate approval.

 

leftynyc

(26,060 posts)
20. I don't think that's correct
Sat Jun 16, 2018, 04:10 AM
Jun 2018

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)
28. Independent Counsel and
Sat Jun 16, 2018, 08:13 AM
Jun 2018

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)
31. If he were a prosecutor
Sat Jun 16, 2018, 08:41 AM
Jun 2018

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.

pnwmom

(108,980 posts)
21. George Conway, KellyAnne's anti-trumper husband, has written convincingly
Sat Jun 16, 2018, 04:18 AM
Jun 2018

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 Mueller’s appointment violates the Appointments Clause specifically or the separation of powers generally.

* * *

A final observation: It isn’t very surprising to see the president tweet a meritless legal position, because, as a non-lawyer, he wouldn’t 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 lawyers—regardless of their politics—owe a duty to abjure.

Hamlette

(15,412 posts)
22. here's why I call BS
Sat Jun 16, 2018, 04:18 AM
Jun 2018

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)
23. Mueller is not a principal officer.
Sat Jun 16, 2018, 05:40 AM
Jun 2018

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 Mueller’s 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 Trump’s 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 Mueller’s appointment even stronger. Given the Supreme Court’s ruling in Morrison v. Olson, there is no remotely plausible argument that Mueller’s 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)
27. Mueller is not an Independent Counsel,
Sat Jun 16, 2018, 08:09 AM
Jun 2018

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).

Cosmocat

(14,566 posts)
25. The arrogant puke bag also blamed 45 on
Sat Jun 16, 2018, 07:41 AM
Jun 2018

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)
30. Whole trump investigation, indictments, 'things' - very, very, unlikely to be 'thrown out'.
Sat Jun 16, 2018, 08:36 AM
Jun 2018

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)
33. I share the forum's negative consensus on G. Will, however,
Sat Jun 16, 2018, 09:12 AM
Jun 2018

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)
35. Will doesn't like Trump because Trump is tacky, low-class, ill-mannered
Sat Jun 16, 2018, 11:43 AM
Jun 2018

and isn’t actually a true conservative. But he does like GOP policies that oppress the poor and benefit the rich.




question everything

(47,487 posts)
38. Same with the other conservatives: David Brooks and Brett Stephens
Sat Jun 16, 2018, 02:20 PM
Jun 2018

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)
39. Just listened to that segment
Sat Jun 16, 2018, 02:34 PM
Jun 2018

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.

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