Legal Challenge to Constitutionality of Mueller Probe

Today, legal action was initiated to have the investigation of Special Counsel Robert Mueller declared unconstitutional.

The action came in the form of a Motion to Quash a subpoena issued to a Grand Jury witness on the basis that Mueller’s probe is unconstitutional under the Appointments Clause. The Motion was filed this morning by constitutional and appellate attorney Paul Kamenar.

The witness, Andrew Miller of St. Louis, had been ordered to appear before a Grand Jury tomorrow, June 29, at the federal district Court in the District of Columbia.

Miller is also represented by Alicia I. Dearn, a St. Louis-based attorney.

Legal scholars have argued that Mueller’s appointment runs afoul of the Appointments Clause because Mueller is acting like a “principal officer” with broad powers thereby requiring Senate confirmation rather than as an “inferior officer,” a distinction clearly made in the Constitution. Constitutional scholar Steven Calabresi encouraged anyone charged or called as a witness by Mueller to challenge his appointment.

On June 25, American attorneys for Concord Management and Consulting, one of the Russian entities indicted by Mueller in February, asked a court to throw out the charges based on the Appointments Clause. If the judge refuses to dismiss the indictments, the decision is not appealable. If Miller’s Motion to Quash is denied, however, the action is appealable, providing a clear path for a Constitutional challenge.

Miller lives in St. Louis, Missouri where he owns and operates Hobbs Painting & Remodeling. He is by no means wealthy or able to afford the legal fees currently being imposed on him by Mueller’s investigative team. Miller has worked in the past as a political and public relations consultant in a number of states and on a variety of projects.

Of apparent interest to Mueller, is contracting work done for Republican operative Roger Stone. Miller believes he has little to offer the Special Counsel. Ironically, Miller supported Gary Johnson, the Libertarian candidate for President, and not Donald Trump.

The National Legal and Policy Center is contributing the legal services of Kamenar in representing Miller for purposes of the constitutional challenge. Kamenar is offering his services on a partial pro bono basis through a reduction in his usual fees.