Why All the Secrecy?

[endicom]

National Review
Andrew C. McCarthy
May 5, 2018

‘How do you know Trump’s not a suspect?”

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.

More... https://www.nationalreview.com/2018/05/mueller-probe-basis-for-criminal-investigation-should-be-revealed/

[IsailedawayfromFR]

Trump has 100% of the Executive Power conferred Constitutionally, and Muellar serves at the pleasure of the President.

[endicom]

Trump has 100% of the Executive Power conferred Constitutionally, and serves at the pleasure of the President.

But you might imagine that Trump serves at the pleasure of the bureaucrats.

[edpc]

That means Mueller has the authority to issue a subpoena to the president unless Rosenstein — or the president — tells him not to.


The president also has the right to ignore it.