Mark Levin's Landmark Legal Foundation has filed an amicus brief with the appellate court in the Libby case.
He discusses it here -and there's a link to a PDF of the brief.
Essentially (according to my understanding), Landmark argues that the appointment violated the Constitution (the appointments clause) because the appointment gave the SP the plenary powers of the USAG without Senate confirmation and that specifically this SP reported to no one. (Starr reported to a 3 judge panel and had to file a report and had specific and limited jurisdiction and term.)
If allowed to stand as precedent, it would mean that future USAG's could appoint as many SP's as they wanted - and that they could operate ABOVE THE ELECTED GOVERNMENT AND OVER ALL JURISDICTIONS.
LISTEN TO MARK. AND READ THE BRIEF.
(Listen daily HERE.)
He discusses it here -and there's a link to a PDF of the brief.
Essentially (according to my understanding), Landmark argues that the appointment violated the Constitution (the appointments clause) because the appointment gave the SP the plenary powers of the USAG without Senate confirmation and that specifically this SP reported to no one. (Starr reported to a 3 judge panel and had to file a report and had specific and limited jurisdiction and term.)
If allowed to stand as precedent, it would mean that future USAG's could appoint as many SP's as they wanted - and that they could operate ABOVE THE ELECTED GOVERNMENT AND OVER ALL JURISDICTIONS.
LISTEN TO MARK. AND READ THE BRIEF.
(Listen daily HERE.)
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