Page 2 - Morrisonv Olson News Today

If you disagree, say so. >> the say goes into the decision of morrison v. olson, the case where antonin scalia made his wonderful life, this wolf comes to us in wolfs clothing, talking about how bad the statute is. i think what this shows is how bad that decision was because a superior officer, principal officer has authority to set policy and broad discretion and inferior officer does not. but mueller doesnt really report to anybody. he reports to rod rosenstein, but in fact as you point out, h...

American constitutional history the one he would like to, as he said, put the nail in the coffin, is morrison v olson. it was striking hes been that forceful before coming in front of us about presidential power, and then clammed up and really would not answer that question in front of our panel. i thought senator harris did a great job of getting him right in her sights on the chinese exclusion cases. i think it was also telling that on presidential power he wouldnt say why he previously had of...

Disagrees with the conduct of the prosecutor, he should supply fire him and bear the consequences. my point essentially is this. im convinced that you said repeatedly that you support the traditional practice of appointing special counsels but you havent acknowledged that you supported this practice because the president has retained the power to fire the special counsel at will. those of us that have tried to enact statutes that might restrain the president in some way, by putting many place fo...

>> criticized your minority in the face of morrison. >> again, were talking about independent agencies, so the traditional independent agencies on the one hand and the old independent council that is long gone on the other. the independent counsel regime, this committee and the congress as a whole decided was a serious mistake. senator durbins words, unrestrained, unaccountable, unconstitutional -- >> what im concerned about, judge, is not so much whether theres members of this committee or othe...

Question, i dont view the issue in the independent counsel statute and the morrison v. olson as dealing with a long passed statue and a an obscure not relevant issue. the reason you reached out and volunteered that you loved to overturn morrison v. olson isnt because scalia wrote a powerful and moving dissent. its because of a view of the executive branch having all of the power of the executive branch in the presidents hands that you have articulated across speeches, interviews, writings and op...

Mind. ill listen to the arguments, dig into the history. ive seen all sides of this. ill have a completely open mind on the constitutional issue. again, briefs and arguments. i think ive shown a capacity to -- if im presented with a better argument than something ive had before to adopt the better argument. ive done that. a good example of that in the national security context and the first case, i pointed out how i reconsidered something i had written before in a national security context. but ...

Of independent agencies general. the humphries executor -- [protesting in the background]. i think shes referring there -- i read her as referring to independent agencies are traditional and permissible. the independent counsel statute is different from the independent agencies that existed with the federal trade commission securities and exchange commission. i did not real her old article to in any way -- >> lets put it this way. justice kagan may have complimented scalias dissent. you criticiz...

Took my lead from her comment. i cited her comment many times in speeches i have given. that statute is real important to be clear here and you know this so everybody understands, that statute hasnt existed -- >> still good law, is it not? the holding by the supreme court in morrison v. olson even though the independent statute has passed into history, morrison v. olson is still good law? your own circuit said so this year? >> i think the humphries executor -- >> thats yes or no. the d.c. circui...

Or arguing nor the unitary executive theory that scalia and his dissenters argued. ill give you another point. you said justice scalia never had better quote than in morrison v. olson. you go on to say you believe his views will one day be the law of the land. i assume here youre talking about the constitutional analysis in scalias dissent and you express a hope and expectation that it will be the law of the land. you sit before me to be a nominee that is a seat within your reach. >> again, sena...

First judicial hero, chief justice rehnquist. chief scalia dissented in a well--crafted dissent. for those seven justices, they wrote an important decision which i believe you have challenged and criticized because it restrained the presidents power to fire the independent counsel. just two years ago, you were asked at a public event to name a case that deserved to be overturned. any case. after a pause, you said i can think of one. theres some chuckling. you said well, sure. morrison v. olson. ...