Legal Opinion
United States v. Concord Mgmt. & Consulting LLC
Court of Appeals for the D.C. Circuit
Decided August 13, 2018No. Criminal Action No. 18-cr-0032-2 (DLF)PublishedCited by 5 opinions
1Opinion of the Court
DABNEY L. FRIEDRICH, United States District Judge
Concord Management and Consulting LLC moves to dismiss the indictment on the ground that Special Counsel Robert Mueller was appointed unlawfully by Acting Attorney General Rod Rosenstein. Dkt. 36. The Court will deny Concord's motion. The Special Counsel's appointment complies with the Constitution's Appointments Clause because (1) the Special Counsel is an "inferior Officer"; and (2) Congress "by Law vest[ed]" the Acting Attorney General with the power to make the appointment. U.S. Const. art. II, § 2, cl. 2.
*603First, the Special Counsel is an…
2Cases cited49 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- United States v. NixonSupreme Court of the United States · 1974
- Russello v. United StatesSupreme Court of the United States · 1983
- Heckler v. ChaneySupreme Court of the United States · 1985
- United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
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3Cited by5 opinions
- Sentara Hospitals v. AzarDistrict Court, District of Columbia · 2022
- United States v. Concord Management and Consulting LLCDistrict Court, District of Columbia · 2018
- United States v. PapadopoulosDistrict Court, District of Columbia · 2018
- United States v. StoneDistrict Court, District of Columbia · 2019
- Vanda Pharmaceuticals Inc. v. Food and Drug AdministrationDistrict Court, District of Columbia · 2024