(National Sentinel)Â Unlawful: Don’t try to argue the finer points of the Constitution with talk show giant Mark Levin. The lawyer and former Justice Department official knows the founding document top to bottom and sideways.
So when he says something that someone in power has done is unconstitutional,Â you need to listen to him.
He’s always right.
During his CRTV program Tuesday evening, Levin said that the “special status” that special counsel Robert Mueller’s lawyers have received from the Justice Department to conduct the never-ending witch hunt against President Donald Trump is a constitutional violation under Article II.
As noted byÂ Politico, Mueller’s team applied for — and received — a rare special status giving them dual roles as not only special counsel prosecutors, but also as â€˜Special Assistant U.S. Attorneys.”
That could make it difficult for a U.S. District Court judge, T.S. Ellis, to hand off Mueller’s case against Paul Manafort to another U.S. Attorney (Manafort has gone to court to get his charges thrown out on grounds that Mueller’s probe has exceeded its mandate, which was supposed to be “Russian collusion”).
An obscure special status obtained by several of special counsel Robert Muellerâ€™s attorneys could prevent a judge from ousting Muellerâ€™s lawyers from their role in the prosecution of former Trump campaign chairman Paul Manafort in federal court in Virginia.
Several court filings indicate that when lawyers from Muellerâ€™s office appeared in federal court in Alexandria earlier this year, they did so not only as representatives of Muellerâ€™s office but as special assistant United StatesAttorneys (SAUSAs) attached to the United States attorneyâ€™s office there.
That designation gives the Mueller prosecutors a kind of dual status that could complicate any attempt by U.S. District Judge T.S. Ellis III to try to shift the case to federal prosecutors based in Alexandriaâ€“a possibility the judge mentioned on a couple of occasions during a contentious hearing earlier this month.
That means they are theoretically permitted to pursue other matters outside of their special counsel roles.
But that’s not constitutionally permissible, Levin argues.
Since Muellerâ€™s lawyers have dual status as U.S. Attorneys, that makes Mueller a U.S. Attorney as well, instead of a special counsel.
And only a president can appoint a U.S. attorney, as per Article II of the Constitution.
So by giving Mueller this special status, Deputy Attorney General Rod Rosenstein usurped the authority of the president. And he can’t do that, Levin argues.
Fox News reports:
Levin said that the scenario, therefore, “violates the Constitution [via] the Appointments Clause” in Article II.
“Rosenstein usurped the authority of the president of the United States to nominate whoever he wants as a prosecutor,” Levin said.
“Mr. Mueller is serving unconstitutionally in violation of the Appointments Clause of the U.S. Constitution because of the way Rod Rosenstein appointed him.”
Levin called on every defendant in the Mueller probe and all attorneys for those subpoenaed or affected to raise the issue of the Appointments Clause in court.
“The breadth of his investigation is so massive, so broad [that] four of his own people get dual appointments [as assistant U.S. attorneys],” he added.
This probe is so dirty and so underhanded that people inside the corrupt Justice Department are resorting to bending the rules and the ConstitutionÂ just so they canÂ getÂ Trump.
And still, Jeff Sessions sits on his hands.
The president would be within his rightsÂ to fire every single person involved in Mueller’s probe — starting with Rosenstein and Sessions — while at the same time letting the country know he’s not shutting down the investigation, just cleaning it up so that it can be properly conducted, and within its original scope.
Which means, it would be over within a week since there never was any “collusion” with Russia.
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