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Anonymous ID: d76d16 Feb. 26, 2019, 8:03 p.m. No.5407433   🗄️.is 🔗kun   >>7542 >>7720 >>7791 >>7893

 

Court rejects challenge to Mueller’s appointment in case brought by Roger Stone aide

Michael Balsamo and Jessica Gresko, Associated Press Published 11:19 a.m. ET Feb. 26, 2019

 

WASHINGTON – A federal appeals court on Tuesday upheld Robert Mueller’s appointment as special counsel after his authority had been challenged by a witness who refused to appear before a grand jury related to the Russia investigation.

 

The case was brought by Andrew Miller, an aide to longtime Trump campaign adviser and confidant Roger Stone. Prosecutors wanted him to testify as part of Mueller’s investigation into Russian interference in the 2016 election and ties to President Donald Trump’s campaign.

 

In the legal fight, Miller argued that Mueller hadn’t been properly appointed, making his grand jury subpoena invalid. A lower court held Miller in contempt for refusing to testify.

 

Miller’s attorney Paul Kamenar has said the issue of Mueller’s appointment is bound to be decided by the Supreme Court.

 

Stone was arrested last month and has pleaded not guilty to charges he lied to Congress, engaged in witness tampering and obstruction. The charges stem from conversations he had during the campaign about WikiLeaks, the anti-secrecy group that released material stolen from Democratic groups, including Hillary Clinton’s campaign.

 

So am I reading this right? The legitimacy of Mueller being a SC is going to the Supreme Court?? I am also digging to see when Stone is due next in court.

Anonymous ID: d76d16 Feb. 26, 2019, 8:07 p.m. No.5407542   🗄️.is 🔗kun   >>7720 >>7791 >>7893

>>5407433

 

https://www.japantimes.co.jp/news/2019/02/27/world/crime-legal-world/contempt-ruling-stands-u-s-court-rejects-roger-stone-aides-challenge-special-counsel-robert-mueller/#.XHYMXLh7k2w

 

Miller’s case marked the third legal challenge to Mueller’s authority that has failed so far, including efforts by Paul Manafort, Trump’s former campaign chairman who has been convicted on a series of charges and pleaded guilty to others, and a Russian company accused of meddling in the election.

 

Miller is a one-time aide to Stone who has worked for other political campaigns in the past.

 

In Miller’s challenge, the court concluded that Mueller’s appointment by Deputy Attorney General Rod Rosenstein, the Justice Department’s No. 2 official, was lawful under the Appointments Clause of the U.S. Constitution that lays out presidential powers on appointing certain public officials.

 

Miller’s lawyer had argued that the appointment was unlawful because Mueller was not named by the president and approved by the Senate. That argument depended on Mueller being viewed as what is known as a “principal officer” who must be confirmed by the Senate.

 

The appeals court agreed with the Justice Department that Mueller is an “inferior officer,” a lower-level official who is under the direction of Rosenstein like other government lawyers.

 

“Special Counsel Mueller effectively serves at the pleasure of an Executive Branch officer who was appointed with the advice and consent of the Senate,” the three-judge panel concluded. “Miller’s contention that Special Counsel Mueller is a principal officer under the Appointments Clause thus fails.”

 

Paul Kamenar, Miller’s attorney, said he is disappointed in the decision and is still weighing whether to appeal it, either to the full appellate court or to the Supreme Court.

 

“The fact that the court took over three months to decide this appeal after oral argument … demonstrates that this was a serious and substantial challenge,” Kamenar said.