Drudge Retort: The Other Side of the News
Monday, June 11, 2018

George Conway, Kellyanne Conway's husband, explains on Lawfareblog why the argument that the Russia investigation is unconstitutional is wrong: In an early-morning tweet last week, President Trump took aim once again at Special Counsel Robert Mueller, but with a brand new argument: "The appointment of the Special Councel," the president typed, "is totally UNCONSTITUTIONAL!" ... He didn't explain what his argument was, or where he got it, but a good guess is that it came from some recent writings by a well-respected conservative legal scholar and co-founder of the Federalist Society, professor Steven Calabresi.

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He didn't explain what his argument was, or where he got it, but a good guess is that it came from some recent writings by a well-respected conservative legal scholar and co-founder of the Federalist Society, professor JeffJ.

#1 | Posted by snoofy at 2018-06-11 11:42 PM | Reply

Trump sure acts like a traitor. Are his supporters traitors or just morons?

#2 | Posted by bored at 2018-06-12 12:12 AM | Reply

He didn't explain what his argument was ...

Read the article.

#3 | Posted by et_al at 2018-06-12 12:31 AM | Reply

Trump sure acts like a traitor. Are his supporters traitors or just morons?

#2 | POSTED BY BORED

Both!

#4 | Posted by aborted_monson at 2018-06-12 12:44 AM | Reply

The right is rightly concerned about Trump's rhetoric and behavior. They are frantically developing rationales for refusing to impeach Trump, which is the only outcome they are concerned about. They want their license to engage in all out class warfare to continue, which Trump has afforded them.

From the article:

Title 28 U.S.C. § 546 provides that, until the Senate confirms a presidential nominee, U.S. attorney vacancies can be filled for up to 120 days by an appointment made by the attorney general and then indefinitely by local district courts. Such non-presidential, non-Senate-confirmed appointees are, as one court of appeals has put it, "fully-empowered United States Attorneys, ... not subordinates assuming the role of ‘Acting' United States Attorney." And such fully-empowered, non-presidentially-appointed U.S. attorneys are not all that uncommon. Today, the sitting United States attorneys in two of the most important judicial districts in the country -- the Southern and Eastern Districts of New York -- were appointed by the judges of those districts under Section 546(d).

In 1978, the question was expressly put to the Justice Department's Office of Legal Counsel. OLC's conclusion: U.S. attorneys are inferior officers, because the law "authorizes the Attorney General to direct all U.S. Attorneys in the discharge of their duties."

in Myers v. United States, the Supreme Court specifically referred to "a United States attorney" as an example of "an inferior officer." More recently, in Morrison v. Olson, the high court approvingly noted how "Congress itself has vested the power to make [U.S. attorney] interim appointments in the district courts" under 28 U.S.C. § 546(d), and observed that "[l]ower courts have also upheld [those] interim judicial appointments of United States Attorneys" under the Appointments Clause.

There is no serious dispute: U.S. attorneys are inferior officers.

#5 | Posted by bayviking at 2018-06-12 06:38 AM | Reply

I imagine that Kellyanne is not having a good time in the WH lately.

#6 | Posted by danni at 2018-06-12 07:04 AM | Reply

He didn't explain what his argument was ...
Read the article.

#3 | POSTED BY ET_AL

He was referring to Trump.

#7 | Posted by Sycophant at 2018-06-12 12:21 PM | Reply

He didn't explain what his argument was ...

Read the article.

#3 | Posted by et_al

You expect sno to read more than the headline?

#8 | Posted by Sniper at 2018-06-12 02:35 PM | Reply

He didn't explain what his argument was ...
Read the article.
#3 | Posted by et_al
You expect sno to read more than the headline?
#8 | POSTED BY SNIPER

We don't expect you to even read that or the comments. And this post showed it.

I like how you hide from me now. Avoid facts at all costs is your new plan apparently.

#9 | Posted by Sycophant at 2018-06-12 03:31 PM | Reply

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