Transcript via FOX News
SEAN HANNITY, FOX NEWS: You have been saying in the last 24 hours on your radio show, and you told me privately, that this very well violates our Constitution and more specifically the appointment’s clause. And I want you to really explain this to our audience tonight.
MARK LEVIN: First of all, the seed was planted with me by hat tipped the professor, Stephen Calabrese, an old friend of mine who worked for Attorney General Meese.
We have in the Constitution something called the Appointments Clause. And it applies to principal officers of the executive branch. There’s interior officers, you know, like a chief of staff, an administrative assistant who reports to a principal, then there’s principal officers.
As an example, every single United States attorney in the United States has to be nominated by the President of the United States and confirmed by the Senate because our founders made clear that they wanted both branches of government involved in appointments of the senior level people.
You have assistant secretaries in departments, deputy secretaries in department, and of course, cabinet secretaries, and as I said U.S. attorneys.
Here’s the problem. The appointment of Mueller is utterly unconstitutional for a number of reasons. Rod Rosenstein gave him an agenda that is so broad, not a specific individual, not a specific statute, not even a specific matter, and not only was the initial appointment incredibly broad, he keeps expanding it.
So this special counsel’s different than past special counsels. He’s more like a roving U.S. attorney. Also, we learned something today that’s absolutely incredible.
In Politico, it says several court filings indicate that when lawyers for Mueller’s office appeared in federal court in Alexandria earlier this year, they did so not only as representatives of Mueller’s office but they received an appointment, a special assistant United States attorney appointment in the eastern district of Virginia.
They are, in effect, assistant United States attorneys. Robert Mueller wanted to expand their power. They report to him. If they’re assistant United States attorneys or special assistant United States attorneys that makes Mueller, without question, the equivalent of the United States attorney.
So what’s unique about him and past independent counsel and special counsel is the massive breadth of his investigation. He’s going into bank fraud, wire fraud, he’s going into Russia, he’s going into a number of other countries. He’s interviewed hundreds of individuals, tens of thousands, hundreds of thousands of documents.
He’s not an inferior employee, like an administrative assistant or anything of that sort. He is a principal officer. And under the Appointments Clause of the United States Constitution, Article 2, Mr. Rosenstein usurped the authority of the president of the United States to nominate whomever he wants as a prosecutor. And Mr. Rosenstein usurped the power of the United States Senate which has the control of a confirmation or not.
And every defendant in this case, every witness in this case, everybody who receives a subpoena in this case, whatever federal court it is, should raise the issue of the Appointments Clause of the Constitution that Mr. Mueller is conducting himself and his appointment is unconstitutional.
See, here’s the deal. These career bureaucrat prosecutors, like Rosenstein, and Mueller, and Comey, they don’t understand the Constitution. They understand parts of it, like due process, warrants, subpoenas, probable cause.
HANNITY: Which has?
LEVIN: They’ve never read the Appointments Clause. They’ve never read the Supreme Court decisions involved in that like Morrison v. Olson and so forth. I have. Professor Calabrese he has. I want your audience to know this, too.
So, Mr. Mueller, unlike any past special counsel, unlike any past independent counsel, his breadth of his investigation is so massive, it’s so broad by the initial appointment, the subsequent expansion and now four of his own people getting dual appointments as effectively an assistant United States attorneys, Mr. Mueller, his conduct, his appointment is unconstitutional.
HANNITY: You know, that’s why I call you the great one. What you say I hope every attorney involved in this case heard you and if you’re out watching tonight, when this is up on Foxnews.com please tweet it out, please use social media, please make sure this goes viral.
LEVIN: All you attorneys out there, go for it, baby. I know what I’m talking about it.