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It is a well written opinion, but it is deeply flawed when held up to the light of reality. Its implications are its weakness. Under the ruling, a crafty deputy attorney general could appoint the most powerful prosecutor in the land with an unlimited term, hidden authority, independent budget, and with little oversight by the president or Congress just by declaring the attorney general to have a conflict and therefore to be disabled. Or an attorney general looking to sink a president can simply say his hands are tied and delegate the process to folks immune from direct authority.
Come to think of it, one of those alternatives is exactly what we are living through right now, and it has bitterly divided the country. Given that an impeachment trial requires two-thirds of the Senate, the appointment of independent counsels with a majority vote of the Senate makes sense. It would prevent the runaway appointments and prosecutions that have been the ignominious hallmark of special counsels. It would put the Constitution back in the driver seat, and end these secret processes that have allowed the hijacking of our government by unelected officials.
I hope this case gets to the Supreme Court with all deliberate speed so the ruling can be overturned. The entire country knows that one presidential campaign was treated one way and another was treated much differently. Rosenstein and Mueller have become blind to the corrosive effect of this unfair justice. Ending the appointment of the special counsel on grounds that it needed Senate confirmation could be the best way out of the mess created by this backdoor granting of power.
Comment: Nearly 60 percent of Americans reject Washington's punitive sanctions and pressure approach towards Moscow, and believe the US should focus on repairing relations with Russia, according to a new poll.