UPDATE: TRUMP agrees Mueller’s appointment is unconstitutional
Mueller’s appointment was unconstitutional, according to a highly respected law professor. Steven G. Calabresi, the Clayton J. and Henry R. Barber Professor of Law at Northwestern University Pritzker School of Law. Writing in The Hill, The Mess Rod Rosenstein Made, Calabresi says:
Many liberals and critics are under the mistaken belief that President Trump is violating the rule of law and civil liberties by criticizing the Robert Mueller investigation and by ordering the Justice Department’s Inspector General to investigate whether or not the FBI spied on his 2016 presidential campaign. In fact, the president is behaving totally lawfully, and it is Robert Mueller and Deputy Attorney General Rod Rosenstein who are acting unconstitutionally and who are violating Trump’s civil liberties.
The unconstitutionality of Mueller’s appointment renders everything he has done since May 17, 2017, unconstitutional as well. This includes obtaining a log of calls by President Trump’s personal lawyer Michael Cohen, and his referral of Cohen to the United States attorney’s office for the Southern District of New York. Both the logging and the referral are examples of what the Supreme Court calls the fruit of a poisonous tree.
When an official uses government power in an unconstitutional way, anything that results from it is subject to the exclusionary rule and is not admissible in court. Since the investigation by the U.S. Attorney’s office for the Southern District of New York was started due to an arguably unconstitutional call log that violates both the Appointments Clause and attorney-client privilege, the federal courts should hold that any prosecutions that result of Cohen or anyone else that grew out of the Mueller referral are unconstitutional and null and void. [emphasis added]
Moreover, Mueller’s prosecution of former Trump campaign chairman Paul Manafort in Virginia is unconstitutional even if some of his prosecutors have special status as members of the relevant U.S. Attorney’s office in that state. Their actions are under Mueller’s supervision. Because of Mueller’s unconstitutional appointment as special counsel, the raid of Manafort’s house is also the fruit of a poisonous tree.
Deputy Attorney General’s Rod Rosenstein’s refusing to make public his full order appointing Mueller and defining the scope of Mueller’s investigation calls to mind the secret trials of the Court of Star Chamber in England, which has been justifiably reviled since its abolition in 1641.
Wow. Star Chamber stuff. Every one who went to law school before law schools became corrupted by liberalism knows all about the Star Chamber and its horrors. I don’t know if it’s covered in today’s law schools. They might be too busy with “critical legal theory,” whatever the hell that is.