Constitutionality of Special Counsel

Discussion in 'US Constitution' started by Tehon, Jul 20, 2018.

  1. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    Correct.

    Acts of government are presumed to be Constitutional until such time as the Supreme Court rules otherwise.
     
  2. Tehon
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    Tehon Gold Member

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    The only support needed for the argument that a law is necessary is the Constitution's appointment clause.

    And the case was brought against them, that is why they are called the defense. It should be the easiest money they ever made.
     
  3. JakeStarkey
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    JakeStarkey BANNED Supporting Member

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    A very small chance. We will agree to disagree for now.
     
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  4. Tehon
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    Tehon Gold Member

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    If it gets that far.
     
  5. yiostheoy
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    yiostheoy Gold Member

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    U.S. Code, Title 28, Chapter VI, Part 600, Section 600.1
    28 CFR 600.1 - Grounds for appointing a Special Counsel.
     
  6. Tehon
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    Tehon Gold Member

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    Right, that is a federal regulation written by Janet Reno. It is unsupported by any federal code. There is no law that supports that regulation. Congress did not authorize it, therefore it is unconstitutional.
     
  7. Tehon
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    Tehon Gold Member

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  8. Skylar
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    Skylar Platinum Member

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    A former aide of Roger Stone made a similar argument in federal court. In a 93 page ruling the argument is refuted and deconstructed. It gives a superb overview of the regulations and case law surrounding the appointment of special counsels.

    http://www.dcd.uscourts.gov/sites/dcd/files/REDACTED_In_re_GJ_18-gj-34_MEM_OP_20180802_FINAL.pdf
     
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  9. Lysistrata
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    Lysistrata Gold Member

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  10. Tehon
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    Tehon Gold Member

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    That ruling is what led me to the answer.
     

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