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Response to marylandblue (Reply #11)

Tue Jun 13, 2017, 03:41 AM

12. That's true but it presupposes Mueller will fight in court

As he would be the only person with standing to bring an action. And that assumes Trump fires him personally in blatant disregard for the regulations, while hopefully shooting himself in the foot by bragging about his real motivations on Twitter, a la the travel ban.

However, I'm not convinced Mueller would win. His role is entirely a creation of internal DOJ regulations. There is no statuory authority for his office, and the president's constitutional power to handle law enforcement is plenary. Courts have held that agency heads can't wield power they have delegated away through rulemaking without first changing the rules back. But Trump is the president and he could reasonably argue that the AG and the DOJ are not empowered to limit through rulemaking his core constitutional powers.

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Farmgirl1961 Jun 2017 OP
orangecrush Jun 2017 #1
unblock Jun 2017 #2
sandensea Jun 2017 #8
Mme. Defarge Jun 2017 #3
saidsimplesimon Jun 2017 #4
KT2000 Jun 2017 #5
moonscape Jun 2017 #6
KT2000 Jun 2017 #7
Cha Jun 2017 #9
Azathoth Jun 2017 #10
marylandblue Jun 2017 #11
LineLineLineNew Reply That's true but it presupposes Mueller will fight in court
Azathoth Jun 2017 #12
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