Paul Manafort’s legal team made a brilliant point in the motion to dismiss the case against him: Mueller’s authority is not constitutional because he is taking the full power of the Attorney General (See Appointments Clause of the Constitution). This means that Attorney General Jeff Sessions has the legal power to clip the wings of the Mueller investigation that has gone too far.

From the legal analysis published by attorney Robert Barnes in Law and Crime: 

“Sessions only recused himself from “any existing or future investigations of any matters related in any way to the campaigns for President of the United States.” This recusal letter limits the scope of Sessions’ recusal to the 2016 campaigns; it does not authorize Sessions’ recusal for anything beyond that. Constitutionally, Sessions has a “duty to direct and supervise litigation” conducted by the Department of Justice. Ethically, professionally, and legally, Sessions cannot ignore his supervisory obligations for cases that are not related to the “campaigns for President.” “

The relevant case that interprets the law, United States vs. Libby held that “the special counsel cannot act outside the bounds of either his limited jurisdiction or without regard for Department of Justice policies and regulations. As such, the Special Counsel does not wield unlimited authority.” 

This means that the Special Counsel may only act on the matter where Sessions recused himself, related to potential collusion in the elections. Sessions is still responsible for other matters beyond that, and Deputy Attorney General Rosenstein who oversees Robert Mueller does not have that authority. Attorney General Sessions has the power put a stop to this sick fishing expedition and should be pressured to do so.

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