How Mueller Is Violating The Constitution

Radio host Mark Levin believes special counsel Robert Mueller is violating  Article 2 of the Constitution.

Partial transcript as follows:

We have something in the Constitution called the appointments clause. And it applies to principal officers of the executive branch. There’s inferior officers, you know, like a chief of staff, an administrative assistant who reports to a principle. Then there’s principal officers. As an example, very single United States attorney in the United States has to be nominated by the president of the United States and confirmed by the Senate because our founders made clear that they wanted both branches of government involved in appointments of these senior level people. You have assistant secretaries in departments and cabinet secretaries, and I said U.S. Attorneys.

Here’s the problem. The appointment of Mueller is utterly unconstitutional for a number of reasons. 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. So this special counsel’s different than past special counsels. He’s more like a roving U.S. Attorney.

Also, we learned something today that is absolutely incredible from Politico. It says court filings indicate when lawyers appeared in court earlier this year, they did so not only as representatives of Mueller’s office, but they received an appointment, a special assistant United States attorney appointment in the eastern district of Virginia.

They are, in effect, assistant United States attorneys. Robert Mueller wanted to expand their power. They report to him. If they’re assistant United States attorneys or special assistant United States attorneys that makes Mueller, without question, the equivalent of the United States attorney.

So, what’s unique about him and past independent counsel and special counsel is the massive breadth of his investigation. He’s going to into bank fraud, wire fraud, he’s going into Russia, he’s going into a number of other countries. He’s interviewed hundreds of individuals, tens of thousands, hundreds of thousands of documents. He’s not an inferior employee, like an administrative assistant or anything of that sort. He’s a principal officer.

Under the appointments clause of the United States Constitution, Article II, Mr. Rosenstein usurped the authority of the president of the United States to nominate whomever he wants as a prosecutor, and Mr. Rosenstein usurped the power of the United States Senate, which has the control over the confirmation or not. Mr. Mueller is serving unconstitutionally in violation of the appointments clause of the Constitution because of the way Rosenstein appointed him, because of expanding his authority, because Mr. Mueller has expanded his own authority with these four now assistant United States attorneys.

And every defendant, in this case, every witness, in this case, everybody who received a subpoena in this case, whatever federal court it is, should raise the issue of the appointments clause of the Constitution, that Mr. Mueller is conducting himself and is appointment is unconstitutional.


  • Ron Long

    Bingo, now someone with standing needs to push this, thank you Mark.

  • Richard Wittauer
  • rodney hall

    end the illegal witch hunt now! how much has this cost the tax payers so far? this needs to stop asap! now we know the democraps have NOTHING to run on, corruption? lol

    • rick meek

      Audit by the GAO is called for…..They’ve been paying off and lining their pockets for 2 years NOW….
      SO WHAT – the disgustocrats are going crazy and they will over anything..
      trump has to watch out – the disgustocrats are in the meetings to IMPEDE – Destroy – Detract – Delay and LEAK everything that they will be given in those INTEL meetings and briefings…….I’ll bet anyone that the phones are ringing off the hooks to people being warned and to cover – up and cover their tracks……..

  • Scott Pierce

    There are special prosecutors (DOJ) and then there are special counsels, of course one is legal and the other is an unconstitutional authority … glad people are beginning to understand.

  • Flotmorton P. Gildersleeve

    why would Herr Mueller be concerned now about what the U.S. Constitution says? he never has before now……..

  • Jimmy

    This hasn’t stopped federal judges from interfering with executive orders of the president on the flimsiest of reasons or for no valid reason at all. So far only 1 federal judge has expressed doubt about the roving commission for Mueller. I agree that his appointment and absolute authority is highly questionable and probably unconstitutional. As a political functionary whose focus is not on the election process which was corrupted (supposedly) by Russian interference but only on the Trump campaign any prosecution he instigated should itself be attacked as an illegitimate selective prosecution motivated purely by political motives, a violation of the 5th and 14th Amendments to the US Constitution. Also, every prosecution should be challenged as the fruit of evidence tainted by (phony dossier evidence) and evidence obtained in violation of the attorney-client privilege, notwithstanding the warrant obtained by Rosenstein, who is himself a compromised actor in this scheme of ” show me the man and I’ll show you the crime.”

  • Gerry Costa

    Not only mueller but also rosenstein for appointing the dirty cop.

  • rick meek

    Constitution —– Ya mean that piece of paper written by the founding fathers that DC and the dem states have been wiping their butts with ?????

    • JobRon

      Rick: Sure seems that the crummydats (liberals and others who don’t love this great document) have been doing that since LBJ (Lyndon Baines Johnson) for those who don’t remember the Great Society that failed and the person who single-handedly destroyed Social Security by putting that money into the general fund.

      • rick meek

        Split – Yes – Be Absorbed into the NWO….Yes….NOTICE – The disgustocrats constantly IMPEDING – DELAYING – DETRACTING – DESTROYING – LYING….trying to avoid the release of EVIDENCE of their crimes….
        NOTICE: Every disgustocrat and member of the MSM – hammered trump on NOKO but when Kim does come to the table – they will eat their names in their own crap…..

  • klsparrow

    Put the Appointments Clause argument for
    Mueller/team together and get it before the SCOTUS We might have just enough
    justices who care about constitutional protections of Presidential power.

  • Donald Cheatham

    IN the beginning, there was no Department of Justice (first formally Established 1870), no federal criminal code, no federal civil code nor were any such envisioned by the framers. At the time of the adoption of the US Constitution crimes were defined under the several states’ (colony) individual common law, as was any punishment and especially any that deviated from the common law, of which deviations there were many and were statutory because the common law proscribed death for felonies. There are only a few crimes mentioned in the constitution, i.e. bribery, treason and crimes against humanity, whatever the latter meant extremely is speculated. The establishment of a federal criminal code, in fact, is not an enumerated Article One power. Hence even Thomas Jefferson, (TJ to the washed) not a framer and in fact an anti-federalist, advanced and argued that any federal criminal code was thus unconstitutional. Thus any special prosecutor would I opine fall under the appointments clause, as that is the only justifiable manner under the Constitution to appoint Mr. Mueller and his assistants. Mr. Rosenstein does not have any constitutional authority to appoint anyone. Only the President. The DOJ and FBI should be abolished and the policing should be turned over BY THE CONGRESS to the US Marshall.

    • delbert balling

      Right on!

  • Donald Cheatham

    star Chamber was even disestablished in early Merry Olde England.

  • Joe Pewter

    everyone knows mueller is violating many laws…congress/judges/public … everyone… piss ant punks continue to do nothing to Honor the Legal American U.S. Public…

  • sargentrage

    get rid of the liberal federal judges , they are suppose to intrepid the constitution not make illegal laws

  • Steven Earle

    Answer is to fire him now along with his staff and FBI and justice dept officials who authorized the circus. Let them take the President to court, all the way up along with all the delays that entails. Let the MSM stew but ignore them and do the job he was elected to do.