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Mueller Investigation Illegal, Violation of 'Appointments Clause'

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 Bertrand Daily Report The War For Our Mind & Soul Continues
  
 
By Capt. Dave Bertrand, Ret.

 

Deputy AG Rosenstein violated the “Appointments Clause (Article II, Section 2, Clause 2)” of the United States Constitution by appointing Mueller to the “Russian Collusion” investigation.
 
Under the “Clause” Robert Mueller was not confirmed by the Senate and is acting (within) the Executive Branch of government as a “Principle Officer” and essentially makes Mueller more powerful than a U.S. Attorney that requires an appointment by the President and confirmed by the Senate.
 
Because Rosenstein doesn’t know what the hell he is doing and Jeff Sessions is out-to-lunch, the powers of investigation, broad and off the original intent, Mueller is conducting an illegal investigation and “all subpoenas and indictments are null and void.”
 
“The Appointments Clause is part of Article II, Section 2, Clause 2 of the United States Constitution, which empowers the President of the United States to nominate, and with the advice and consent (confirmation) of the United States Senate, appoint public officials. Although the Senate must confirm certain “principal” officers (including ambassadors, Cabinet secretaries, federal judges, and United States Attorneys), Congress may by law delegate the Senate’s advice and consent role when it comes to “inferior” officers (to the President alone, or the courts of law, or the heads of departments).”
 
The “scales of justice” fell on the floor and Rosenstein kicked it under the table. This sham on the American people, in complete violation of the U.S. Constitution….including the actions of Obama/Hillary, FBI and DoJ, is a disgusting and illegal coup against President Trump.
 
—Dave Bertrand
 

The appointment of Robert Mueller violates the Appointments Clause of the Constitution…

Posted on May 21, 2018
 
 
Mueller is not an inferior appointee, but a principal appointee as understood under our constitutional. His powers are more akin to an United States attorney, not an assistant United States attorney. Moreover, his boss, Deputy Attorney General Rod Rosenstein, treats him as a principal officer — that is, Mueller is mostly free to conduct his investigation with few limits or restraints. The parameters of his appointment were extraordinarily broad in the first instance, and have only expanded since then. Indeed, Mueller is more powerful than most United States attorneys, all of whom were nominated by the President and confirmed by the Senate as principal officers.
 
Furthermore, Rosenstein mostly rubber stamps Mueller’s decisions and is not involved in the regular management and oversight of Mueller to any significant extent, underscoring Mueller’s role not as an inferior officer but a principal officer. As such, Mueller’s appointment violates the Appointments Clause. Mueller would’ve had to be nominated for Senate confirmation like any other principal officer in the Executive Branch. Rosenstein did not have the constitutional power to appoint a principal officer on his own anymore than the President himself does.
 
To do otherwise is to defy the procedure established by the Framers for making such consequential executive appointments.
 
It follows, then, that every subpoena, indictment, and plea agreement involving the Mueller investigation is null and void. Every defendant, suspect, witness, etc., in this matter should challenge the Mueller appointment as a violation of the Appointments Clause.
 

H/T to Northwestern Law School Professor Steven Calabresi, who raised many of these points, and more, with me and a few other friends and colleagues over the weekend, in a well-researched opinion he shared with us. He deserves great credit. I agree completely with his analysis. Please do not miss my radio show this evening or LevinTV, where I will more thoroughly address this. Don’t miss either !

 
From The Desk of Capt. Dave Bertrand (Ret.) Int’l Airline Freight Captain on the DC-8 stretch jet / B-727 series 200 jet & First Officer DC-6 prop & DC-10 wide-body jet), 72′ to 76′ U.S. Army Veteran (Military Police) ‘Comms Sergeant’ (Korea), Law Enforcement (State), DHS Trained Counter-Terrorism Instructor for HWW, Border Security Specialist, Political Analyst and Activist to help “Make America Great Again” while exposing the “Deep State” shadow government enemy.
 
My mission is to slice through the propaganda, encourage everyone to write and share important news among our network of patriots, military, law enforcement and selected news media sources (we trust). We are the pulse of America and we will prevail.
 
Opinions and discussion of today’s hard hitting topics. If you wish to be removed….reply within by typing “REMOVE” in the header, or please forward.
 



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    • stonehillady

      That is why when you pick your Attorney General POTUS he better be well versed in the laws of the constitution especially when it comes to the man he was chosen to protect.

    • Don - 1

      Mueller appears to be a dumbbell. His knowledge of the Constitution is barely grade school level.

    • freedomringsforall

      There are other constitutional problems with the mueller appointment –
      Possibly : i want to also point out here something no one is talking about:

      Rosenstein never had any authority to appoint a special counsel and the DOJ has and had no authority to set up an office of special counsel.

      The Congress (we the people) did away with the office of special counsel.

      An administrative office of the government (such as the DOJ) does not have the authority to override the congress (the will of “we the people”)!

      That kind of act is unconstitutional and thus illegal and thus also treasonous.

      Rod Rosenstein acted unconstitutionally and illegally and treasonous when he appointed Mueller as a special counsel after congress had done away with that type of office. You can try to argue semantics or technical names but everyone that is not an ignorant child knows dang well the DOJ’s setting up an office of special counsel is because the Congress did away with it.

      What is next? – Is another administrative office of government like the department of commerce going to decide they don’t like something else the congress (we the people) did away with?

      Maybe they will decide the 13th amendment and the doing away with slavery is not in their liking.- maybe they will establish an office of slavery promotion and regulation next!?

      ADMINISTRATIVE OFFICES CANNOT SAY WHAT THE CONGRESS DID IS WRONG AND THAT THEY ARE GOING TO COUNTERMAND IT!

      THAT IS UNCONSTITUTIONAL – THUS ILLEGAL – AND TREASONOUS !!

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