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Azathoth

(4,607 posts)
12. That's true but it presupposes Mueller will fight in court
Tue Jun 13, 2017, 04:41 AM
Jun 2017

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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