Sen. Markey Says Mueller's Appointment is Not Unconstitutional

By Gavi Greenspan | June 6, 2018 | 11:36am EDT
Sen. Ed Markey (D-Mass.)

( -- When asked whether the appointment of Robert Mueller as special counsel to investigate alleged Russia-Trump campaign collusion is unconstitutional, Sen. Ed Markey (D-Mass.) said, "no," it is not unconstitutional. 

At the U.S. Capitol on Tuesday, asked Sen. Markey, “Professor 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, I do not," said Markey, a liberal Democrat.

Professor Steven Calabresi and Mark Levin have argued that Mueller’s appointment and subsequent investigation are unconstitutional because Mueller was not appointed by the president or confirmed by the Senate, and yet has been given the authority of a “principal officer."

Professor Calabresi also referred to the late Justice Antonin Scalia’s dissent in Morrison v. Olson, arguing that because Mueller does not have a direct supervisor, he qualifies as a “principal officer” and therefore constitutionally must be appointed by the president and confirmed by the Senate.

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