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Federal Judge (Trump appointee) rules Muller's appointment is UNCONSTITUTIONAL
| coral hospital | 08/13/18 |
| Wonderful Home | 08/13/18 |
| Wonderful Home | 08/13/18 |
| coral hospital | 08/17/18 |
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Date: August 13th, 2018 4:55 PM Author: coral hospital (http://www.autoadmit.com/thread.php?thread_id=4051048&forum_id=2#36610264) |
Date: August 13th, 2018 5:03 PM Author: Wonderful Home This is a more thorough treatment of Judge Freidrich's order denying Concord Management's MTD: https://www.politico.com/story/2018/08/13/mueller-legitimate-court-ruling-774888
The bottom line is that the only shot at finding Mueller's appointment unconstitutional is SCOTUS. And even then, they'd have to distinguish the hell out of US v. Nixon. |
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Date: August 13th, 2018 5:26 PM Author: Wonderful Home The Court's Opinion is here: https://assets.documentcloud.org/documents/4754543/Memorandum-Opinion.pdf
Concord had two main arguments:
(1) Mueller is a "principal officer" and thus senate confirmation is required, because he has virtually unfettered authority.
(2) Even if he's an "inferior officer," the appointment is only valid if there's a statue authorizing it, and there's no such statute.
The court disagreed with #1 because Rosenstein could fire Mueller.
As to #2, the Court seemed sympathetic to Concord's argument that the statutes cited by the SC do not authorize the appointment. But she is bound by In re Sealed Case (D.C. Cir.) and US v. Nixon, which held that predecessor statutes sufficed to "accommodate the delegation at issue."
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Date: August 17th, 2018 12:59 PM Author: coral hospital (http://www.autoadmit.com/thread.php?thread_id=4051048&forum_id=2#36633124) |