Levin: Is Mueller's appointment unconstitutional, yes or no? One senator 'needs a COURT to tell him'

In the second hour of his nationally syndicated radio show Tuesday evening, LevinTV host Mark Levin played the responses of five senators when asked by CNS whether they believe Robert Mueller’s appointment is unconstitutional.

Senator Rand Paul, R-Ky.: “I think that Mueller should not have been appointed. I think really we should set an example by not doing this again … I think there is a strong argument to be made that when you appoint somebody who’s at this level that it should be something that’s approved by the Senate.”

Senator Jeff Flake, R-Ariz., simply responded, “No.”

Senator Johnny Isakson, R-Ga., also responded, “No.”

Senator Roger Wicker, R-Miss., said, “I haven’t had a chance to look at those writings.”

And then Senator Jim Risch, R-Idaho, said, “I can’t answer that question. I don’t know. That’s a proposition of law that would require debriefing on both sides plus argument, and then decision by a court. So until a court decides on it, you won’t know what the answer to that is.”

“What’s sad there is there’s a United States senator that says he needs a court to tell him,” Levin pointed out.

Listen:

“See, the Framers just figured that, first of all, senators would be protective of their own prerogatives, including the Appointments Clause, in which the Senate shares in the appointment of principal officers in the executive branch,” Levin said. “But not any more.”

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Editor's note: The title of this piece has been updated to better reflect the content, and the order of the paragraphs was changed after publishing to correct an editing error.