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Distinct system, appointed by the attorney general. morrison has nothing to do that. that dealt with the old independent counsel. it expired in 1999 under overwhelming consensus of that statute being inappropriate, unrestrained, unaccountable, as he said. secondly, morrison, that has not affected the precedent of the executor. humphrey's executor allows independent agencies, those regulatory agencies continue to exist, of course. so on the independent agency side, those are unaffected. on the special counsel side, that's unaffected. you mentioned the see if pp case. my decision in that case wo...

Settled. you know if we overturned it, it would mean the elimination of independent agencies. why did you go there? why did you have that conversation if this long-settled case is well-reasoned? >> what i said in the phh case is that humphries executor is the precedent. i've applied it dozens of times. what concerns me constitutionally as a judge in the phh case is that the cfpb did not follow the traditional model of independent agencies and therefore departed from this traditional exception one might say to the idea that a single president controls the executive branch. i explained that, tha...

Historical practice, which under the supreme court's precedence makes a big difference, as you know, of course. so i referred -- that's why i concluded in the cfpb that the bureau was unconstitutionally structured. the remedy was not to get rid of the agency. the remedy was to make the person removable at will. >> so humphries executor was about whether or not the ftc head could be removable at will or have a good cause removal protection. >> right. president roosevelt wanted to fire humphrey, who was a republican -- >> will you state that it's well-reasoned, well-decided long settled law? >> ...

Of independent agencies general. the humphries executor -- [protesting in the background]. i think she's 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 -- >> let's put it this way. justice kagan may have complimented scalia's dissent. you criticized the independent counsel statute as a travesty. i'm trying to get to the bottom of why you held...

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 hasn't 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 -- >> that's yes or no. the d.c. circuit held this year where you wrote a dis-september that morrison v. olson is still good law, correct...