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Levin: Everything Mueller investigated 'should be fruit of the poisonous tree'

Thursday on the radio, LevinTV host Mark Levin applauded Attorney General William Barr for saying earlier Thursday, "The Department of Justice doesn't use our powers of investigating crime as an adjunct to Congress."

"If Mueller thought that the president of the United States had obstructed justice, why didn't he say 'He's guilty of obstructing justice, and if we could've indicted him, we would've, and here's the probable cause evidence that we would have used'?" Levin asked. "He could've written that. I mean he shouldn't have written a report the way he did, but if you're going to write a report the way you do, with this massive Volume II, why didn't he say that? Because they didn't have probable cause, ladies and gentlemen. It's easy to do what they did, and leave a cloud over the president's head for the media and the Democrats. That's exactly what he did. Moreover, you heard Barr just say: The Department of Justice isn't an arm of Congress. It's not the Department of Justice's job to conduct criminal investigations in order to provide information to the House of Representatives for or against impeachment. It's a law enforcement department. And I have pointed that out repeatedly. And yet, that's exactly what Mr. Mueller did."


Levin also reminded listeners of a point he has made multiple times, in conjunction with the scholarship of Steven G. Calabresi, a Northwestern University law professor: that Mueller's appointment is unconstitutional, under the Appointments Clause of Article II of the Constitution.

"The fact of the matter is, if we weren't in a post-Constitutional republic in so many respects, Mr. Mueller should've been fired. Should never have been appointed. And everything he investigated should be fruit of the poisonous tree."

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