Sen. Isakson Says Mueller Appointment is Not Unconstitutional

By Brady Kenyon | June 5, 2018 | 6:24pm EDT
Sen. Johnny Isakson (R-Ga.)

( -- When asked whether the appointment of Robert Mueller as special counsel to investigate alleged Russia-Trump campaign collusion was unconstitutional, Senator Johnny Isakson (R-Ga.) said, “no,” it was not unconstitutional.

At the U.S. Capitol on Tuesday, asked the senator, “Prof. Steven Calabresi of Northwestern Law School and Mark Levin have argued that Robert Mueller’s appointment violates the Appointments Clause because he is a principal officer exercising at least the authority of a U.S. attorney but was not appointed by the president or confirmed by the Senate. Do you agree that Mueller’s appointment is unconstitutional?”

“No," said Sen. Isakson.

Professor Steven Calabresi, who formerly served as a law clerk to Justice Antonin Scalia, argued in a May 13 Wall Street Journal commentary that Mueller's investigation crosses the line. “It’s unconstitutional under Morrison v. Olson – the decision, not the dissent,” he wrote.

Special Counsel Robert Mueller, left, and Deputy Attorney
General Rod Rosenstein. (YouTube)

Calabresi contends that Mueller has been acting like a principal officer of the United States, someone who is nominated by the president and confirmed by the Senate, which Mueller has not been. Calabresi also referred to Justice Scalia’s dissent in Morrison v. Olson, explaining that because Mueller does not have anyone supervising him in this position, it goes against the Constitution.

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