~ Where the Sun Will Never Set on Our liberty ~
The Attorney General's office is a part of the Executive. The AG is honored with cabinet level status, and especially serves the President.
The AG cannot work against the Executive which is served, unless the President be so foolish as to allow.
Law establishing appointment of a special prosecutor has been changed. Whereas the original law called for a three judge panel to appoint the special prosecutor, that is no longer the requirement---but the new arrangement has not been tested by the Supreme Court.
Under original conditions, the AG was required to transition from the Executive to the Judiciary, regarding appointment of special prosecutor/Presidential investigation. Therefore Mueller's appointment is violating requirement for separation of powers, and accordingly, it is unconstitutional.
The President has lawful authority to fire or reassign the AG at his discretion, and may do so during Senate recess, so that replacement of the current AG need not receive Senate confirmation.
Interesting. Thanks, Kurtis.
You're quite welcome.
Might add, the AG could appoint special prosecutor for reason other than to investigate the Executive (or any part thereof). Of course such task would normally be assigned to an AG staff member, but there could be some reason to step outside his Office.
The reasoning roughly compares to the following. if you hire an attorney to represent during criminal trial, said attorney cannot enter the Court and inform the Judge you have confessed guilt, and etc.---your legal counsel cannot work against you.
When thoroughly considered, the AG is in position to gain "inside information" especially owing to confidential cabinet meetings. Broadly speaking, his authority does not allow him, or his office, to use such information against the President who is served.
At best, the AG could develop a report and request review by a panel of judges, but he cannot omit said transition to the Judiciary---separation of powers, and other reason forbid it.
Time will pass, and we'll all see how it "shakes out".
It does not appear Mueller complies with law concerning conflict of interest, or that he ever can. The President publicly discloses his awareness of Presidential pardon. So, all things considered, Mueller should never have been appointed, and should now resign or be fired, because it does not appear he has a snowball's chance in hell of ruining the President.
Good to know, Kurtis. I don't think Trump will fire Sessions though. It would really cause a firestorm.
I do believe Sessions may be reassigned, like you stated. Sounds like a possibility on the news this morning.
Given the mess resulting from his recusal, it's likely the President will replace him.
Here's more of my perspective on Mr. Sessions:
SAUCE FOR THE GANDER IS SAUCE FOR THE GOOSE. The Federal law applies to Robert Mueller, same as Attorney General Sessions.
Attorney General Sessions honorably embraces law---28 CFR 45.2. He uses such reasoning to recuse himself, which is fine, well, and good.
However, AG Sessions has responsibility to demand Special Counsel Mueller embrace the very same law.
Given authority of AG Sessions, it's reasonable that he end Mueller's "investigation" for the very same reason he recused himself---Mueller does not, and cannot ever, comply with Federal law concerning conflict of interest. Mueller's unique obligations are better defined by a second portion of the law---28 CFR 600.7.
Links to both legal considerations are: