On Wednesday, President Donald Trump fired FBI Director James Comey, who had been investigating President Trump’s ties with the Russian government. Many progressives began to call for President Trump’s head—even though many have also called for Comey’s firing. Some even referred to Comey’s firing as a constitutional crisis. Others, including several Republicans, called for a special prosecutor.

From NBC News

But as calls for a special prosecutor increase, people must keep constitutional limits and separation of powers in mind. Certainly, appointing a special prosecutor* is constitutional per Morrison v. Olson. In that case, Congress appointed an Independent Counsel, Alexia Morrison, to investigate alleged wrongdoings by Reagan Administration officials. When she tried issuing subpoenas to some of Administration officials, they sued her, claiming that her position violated the Appointments Clause.

The Court disagreed with Ted Olson—the Reagan Administration official that sued Morrison. If an officer is a principal, she is subjected to the Appointments Clause, i.e. she must be appointed by the President and confirmed by the Senate. On the other hand, if she is an inferior officer, she does not have to go through these procedures. Although the Court acknowledged that the line between a principal and inferior officer is ambiguous, Morrison was clearly an inferior officer.

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