I base that correct idea on the testimony of people who know more about the law than you do. I recommend the entire article. Everyone agreed with Mukasey.
Judge Michael Mukasey (former U.S. Attorney General, 2007-2009, under George W. Bush; U.S. District Judge, 1987-2006, appointed by Ronald Reagan; partner, Debevoise & Plimpton)
Asked in a telephone interview whether Trump could order that a special prosecutor be appointed, “No, that’s not within his powers. I think he said, ‘I would direct my attorney general’ to exercise the power to appoint a special counsel. “The AG’s proper answer would then be, ‘I’ll think about it.’ Or ‘I’ll review the facts,’” Mukasey said. [His point is that the attorney general must exercise independent discretion—not merely carry out the President’s whims.]
http://fortune.com/2016/10/10/donald-trump-special-prosecutor-hillary-clinton/
That’s bullcrap and that’s a mere theory has been posted a few times as “proof”.
Dershowitz is no friend of Trump and utterly destroyed this. Swing and a miss. There is nothing in the law or constitution that the DOJ is independent of the control of the president. What you posted is a progressive fantasy.
Even Comey at his own hearing admitted that Trump has that power.
He can start, stop, or direct any investigation. He can fire Mueller or anyone at the DOJ.
And the ramblings of a judge are meaningless. I notice you pointed to nothing in the law or constitution that limits the power of the president over the DOJ.
It doesn’t exist.
No matter what that judge said, he was in the sophistry zone.
The president has the power to shut down the entire investigation, fire the special counsel, (notice the word independent wasn’t used), Fire the FBI director, and pardon the person being investigated. And yet, moronic sophists in the legal field pretend he can “obstruct” these same people. Laughable.
Its an ongoing fiction designed to try to make the DOJ independent of their constitutional supervisor, the President. But it has zero basis in law or constitution. They don’t like that they are merely a fully subordinate executive agency, but that is what they are.
For a recent review, ask Comey how “independent” he was. He advanced your theory and got bit@h slapped.