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Kellyanne Conway’s Husband Pens Defense Of Robert Mueller Russia Probe

George Conway’s piece, “The Terrible Arguments Against the Constitutionality of the Mueller Investigation,” rejects Trump’s claims.

White House counselor Kellyanne Conway’s husband George Conway has written an article that adamantly defends the constitutionality of special counsel Robert Mueller’s probe into Russia’s alleged connection with President Donald Trump’s campaign in the 2016 election. 

The piece, “The Terrible Arguments Against the Constitutionality of the Mueller Investigation,” published Monday on the Lawfare legal blog, opens with a critique of Trump’s tweets about the probe. The president has railed about the investigation as “totally unconstitutional.” 

Conway, a lawyer, notes that Trump’s argument likely came from “conservative legal scholar and co-founder of the Federalist Society, professor Steven Calabresi.”

“Unfortunately for the president, these writings are no more correct than the spelling in his original tweet. And in light of the president’s apparent embrace of Calabresi’s conclusions, it is well worth taking a close look at Calabresi’s argument in support of those conclusions,” writes Conway.

Conway then cites Calabresi’s argument ― as detailed in a Wall Street Journal op-ed ― that Mueller’s probe is “null and void” because it “violates the Appointments Clause of the Constitution, Article II, Section 2, Clause 2.” Conway notes that the late Supreme Court Justice Antonin Scalia considered U.S. attorneys “inferior officers” under the Constitution, and says the special counsel also is an inferior officer. That, he maintains, defeats the claim that Mueller’s appointment is unconstitutional.

“In short, there is no serious argument that Special Counsel Mueller’s appointment violates the Appointments Clause specifically or the separation of powers generally,” writes Conway.