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Smith, about the appointments clause of the constitution. constitution has an appointments clause, and to sum it up basically, if you're a principal officer, if you seek to be a principal officer in the executive branch in the president of the united states, he is to nominate the individual, and that person typically gets hearings, maybe not, has to be confirmed by the united states senate. that's the way the frameers wanted it. so we have this special counsel, we have a ruling 30 years ago in a supreme court case, morrison v. olson, the want in court statute, and the court overruled with the ...

Investigating. so it's not like, say, a u.s. attorney or assistant attorney general of the united states. all of whom are principal officers, all of whom have to be confirmed by the senate upon nomination of the president of the united states. is this case not a little different than morrison v. olson, you have a special counsel appointed, as gregg says, without specific criminal statutory purpose. more of a general investigator, who has gone in many directions. gone into the eastern district of virginia. gone into manhattan, chasing the manhattan madam or whatever. he pretty much has free rei...

Smith, about the appointments clause of the constitution. constitution has an appointments clause, and to sum it up basically, if you're a principal officer, if you seek to be a principal officer in the executive branch in the president of the united states, he is to nominate the individual, and that person typically gets hearings, maybe not, has to be confirmed by the united states senate. that's the way the frameers wanted it. so we have this special counsel, we have a ruling 30 years ago in a supreme court case, morrison v. olson, the want in court statute, and the court overruled with the ...

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 wolf's 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 doesn't really report to anybody. he reports to rod rosenstein, but in fact as you point out, he's got a roving brief that seems unlimited to go in almost any direction he wants, and so i don't...

Investigating. so it's not like, say, a u.s. attorney or assistant attorney general of the united states. all of whom are principal officers, all of whom have to be confirmed by the senate upon nomination of the president of the united states. is this case not a little different than morrison v. olson, you have a special counsel appointed, as gregg says, without specific criminal statutory purpose. more of a general investigator, who has gone in many directions. gone into the eastern district of virginia. gone into manhattan, chasing the manhattan madam or whatever. he pretty much has free rei...