Marener
Diamond Member
- Jul 26, 2022
- 61,079
- 25,603
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In order to appoint an inferior officer, Congress needs to have given the AG authority to do so.The AG’s authority to appoint an inferior officer as a special attorney comes from:
Constitution: Appointments Clause
Statutes: Mainly 28 U.S.C. §§ 509, 515, 516, and 533
Regulations: 28 C.F.R. Part 600 for special counsels
Case law: Morrison v. Olson, Edmond v. United States confirming they’re inferior officers.
None of these statutes create an office for which the AG can place an inferior officer.