Slayer of the DP Newsbot
- Aug 27, 2005
- Reaction score
- Houston, TX
- Political Leaning
The appointment of acting Attorney General Matthew Whitaker two weeks ago should have no effect on an ongoing court challenge that questions the constitutionality of special counsel Robert Mueller’s appointment, the Justice Department argued in a new court filing Monday.
The question before the court, originally filed by Andrew Miller, is whether or not Mueller was properly appointed. This is the exact same argument Nixon used in 1974, which SCOTUS immediately shot down. The administration is expanding this case to ask whether or not subpoenas and indictments issued under Mueller are invalid, due to a change of the Attorney General. Their claim is that subpoenas and indictments are now invalid because neither Sessions nor Rosenstein are part of the Justice Department any more, and subpoenas and indictments are only valid if Whittaker signs off on them. Mueller has fired back, again using the Nixon decision, as well as US Code.
"Similarly, by regulation, the Special Counsel has and continues to “exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” 28 C.F.R. § 600.6; see United States v. Nixon, 418 U.S. 683, 695 (1974) (“So long as [a] regulation is extant it has the force of law.”)."
Read Mueller's complete brief here.
It has started. This administration is now attempting to shut down the investigation, and guess what? It won't work. More than 3 dozen sealed indictments are already on the DC docket, and Trump has no power whatsoever to make them go away, which is why he is attempting this desperation move, which will fail spectacularly in very short order. The clock of justice is ticking down, and when it reaches zero, there is going to be hell to pay.