It’s time to level with the public about the basis for Mueller’s investigation.
‘How do you know Trump’s not a suspect?â€
I’ve been hearing that question a lot these days. News reports indicate that Special Counsel Robert Mueller may try to coerce President Trump’s testimony by issuing a grand-jury subpoena if the president does not agree to a “voluntary†interview. That has sparked a public debate over the question of whether Mueller, an inferior executive officer, has such authority to strong-arm the chief executive — the official in whom the Constitution reposes all executive power, including the power that Mueller exercises only as long as the president permits it.
I don’t think he does.
To be clear, there is no question that Mueller, as a special counsel, is a federal prosecutor who has the authority to issue grand-jury subpoenas. But everyone who works in the Justice Department has a boss, including the attorney general (who answers to the president). As special counsel, Mueller answers to Deputy Attorney General Rod Rosenstein (because Attorney General Jeff Sessions recused himself from the so-called Russia investigation). That means Mueller has the authority to issue a subpoena to the president unless Rosenstein — or the president — tells him not to.
Before we come to whether the deputy AG should clip the special counsel’s wings, let’s address one point of confusion.
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https://www.nationalreview.com/2018/05/mueller-probe-basis-for-criminal-investigation-should-be-revealed/
