but i think on the merits, there is no question that the president has avoided the top principal office. in other words, the cabinet officials have to be confirmed by the senate. if they re not confirmed, if there s a vacancy, then that s filled by someone who is confirmed. attorney general is one of the top cabinet positions. that was a decision made by george washington. we can t jump that process as president trump wants to do. he s putting himself above the constitution. i looked at the two clauses that the president must have a senate-confirmed appointment to principal offices. if there is an emergency, the next provision says, well, the president can fill vacancies, that s a constitutional provision, but those provisions have to be read together, not in
constitution says on the appointment? there are actually two issues. one is a statutory issue. it is not even a statute on the book that allows for the appointment of someone come a private person like robert mueller to be on there. even if there were has to be appointed on the appointments clause which has two classes of officers. principal offices which require approval by the senate. u.s. attorneys have to go through senate confirmation. robert mueller is just as powerful if not more so than the average u.s. attorney pete he is like a super u.s. attorney. a u.s. attorney at large. he can be in virginia and he could be in dc, new york. therefore, we say he is a principal officer and has to be appointed by the president and approved by the senate. the government says he is really an inferior officer. and we said fine, under the constitution or inferior offices have to be appointed by the head of the department. the head of the department is