Under the [[United States Constitution:Article II|Appointments clause of the Constitution (Article II, Section 2, Clause 2)]] principal officers can only be appointed by the [[Executive branch|Executive]] "with the advise and consent of the Senate." U.S. Attorneys are principal officers requiring Senate approval. The Special Counsel functions as a U.S. Attorney with extraterritorial jurisdiction, and had not been approved by the Senate.<ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3183324 </ref> | Under the [[United States Constitution:Article II|Appointments clause of the Constitution (Article II, Section 2, Clause 2)]] principal officers can only be appointed by the [[Executive branch|Executive]] "with the advise and consent of the Senate." U.S. Attorneys are principal officers requiring Senate approval. The Special Counsel functions as a U.S. Attorney with extraterritorial jurisdiction, and had not been approved by the Senate.<ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3183324 </ref> |