“ Muellers appointmentment is legitimate because he is supervised by a constitutionaly appointed officer”
So, neither the AG nor any of the DAs need to be confirmed?
Rosenstein was confirmed by the Senate 94-6. Mueller reports to Rosenstein.
https://www.washingtonpost.com/world/national-security/rod-rosenstein-confirmed-as-deputy-attorney-general/2017/04/25/e59bc3a8-29dc-11e7-be51-b3fc6ff7faee_story.html?utm_term=.8fc704766bba
The issue is who is actually running the show. If Rosenstein is micromanaging everything a case can be made for the SC. If he just approves budgets and leaves the Mule team alone, a case can be made the appointment was out of order.