Interesting article from AOL of all places. They can be as bad as Yahoo.
According to the reasoning, one of the key factors is how Mueller’s role is structured. Jeff Sessions recused himself, and Deputy Attorney General Rod Rosenstein has said Mueller doesn’t report to him with day-to-day decisions.
Because of that, Pepperdine University law professor Douglas W. Kmiec says that Mueller effectively does not have a supervisor — and without one, the Senate would have to confirm Mueller as an executive appointee. Otherwise, his appointment is unconstitutional.
In an op-ed for the Los Angeles Times penned in July, Kmiec suggested that — with Comey’s alleged assumption that President Trump is a wrongdoer— and the special counsel process labelling him as such, that “the investigation itself is arguably equivalent to an unconstitutional indictment.”