Brief Makes Compelling Case That Mueller Appointment is Unconstitutional

Andrew Miller

On September 11, 2018, constitutional and appellate attorney Paul Kamenar filed his brief with the U.S. Court of Appeals on behalf of his client Andrew Miller, a witness in the investigation of Special Counsel Robert Mueller. Miller is declining to honor a subpoena to appear before a Grand Jury and is challenging the constitutionality of Mueller’s appointment.

Miller lost at the District Court level, allowing his appeal to the U.S. Court of Appeals. Oral arguments in the case are expected to take place in October. In his brief, Kamenar makes a compelling case that Mueller’s appointment by Deputy Attorney General Rod Rosenstein should be ruled invalid. Kamenar’s representation of Miller is made possible by the National Legal and Policy Center, and its supporters around the country.

Here is the brief:

 

Appellant’s Brief: Constitutional Challenge to Special Counsel Robert Mueller’s Appointment by Peter Flaherty on Scribd

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Calabresi Criticizes Judge For Upholding Constitutionality of Mueller Probe

In an op-ed in The Hill, Law Professor Steven Calabresi says that U.S. District Court Chief Judge Beryl Howell erred in upholding the constitutionality of the investigation of Special Counsel Robert Mueller. Her decision has been appealed to the U.S. Court of Appeals. Briefs were due yesterday and oral arguments will take place in October.

Andrew Miller, a witness in the case, is challenging Mueller’s constitutionality. Constitutional and appellate attorney Paul Kamenar, who is supported by the National Legal and Policy Center, represents him. Here’s the op-ed:

In its decision in In re Grand Jury Subpoena, the U.S. District Court for the District of Columbia, egged on by a power-crazy acting attorney general, reached two startling and alarming conclusions in order to uphold the legality of Robert Mueller’s appointment as special counsel.

The matter involved concerns the Appointments Clause of Article II of the Constitution, which provides:

[The President]

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Is Blackmail Being Redefined for Stormy Daniels?

Some of the worst travesties of justice occur when a lawbreaker manages to convince the public that he or she is actually the victim. This, in fact, appears to be the real story behind accusations that Donald Trump violated federal election laws by ordering “hush money” to be paid to stripper/porn star Stormy Daniels during the final weeks of the 2016 presidential campaign to conceal the fact of their one-night stand a decade earlier. The reigning media view is that the $130,000 payment, transacted by President Trump’s then-personal attorney Michael Cohen, was a threat and thus a basis for Trump’s impeachment. Far closer to the truth, however, is that Ms. Daniels tried to blackmail Mr. Trump. Her current attempt to nullify a nondisclosure agreement underscores her self-serving motives.

Blackmail, which is closely related to extortion, is illegal. Title 18 U.S. Code, Section 873, states: “Whosoever, under a threat of … Read More ➡

Elizabeth Warren’s Accountable Capitalism Act is an ‘Invitation to Corruption’

The Left may have shifted their main focus from class to race, but they haven’t forgotten about their original mission of taming capitalism. Sen. Elizabeth Warren, D-Mass., certainly hasn’t. On August 15, Senator Warren introduced a bill, the Accountable Capitalism Act, to rein in companies that are “making the rich even richer.” Among its features, the measure would force corporations with annual revenues of at least $1 billion to obtain a federal charter and mandate that at least 40 percent of the board members of such companies be chosen by employees. Warren assures skeptics that she believes in markets. Yet even if her profession is genuine, her proposal is a recipe for undermining them.

Not that long ago, Elizabeth Warren, now 69, taught contracts and bankruptcies at Harvard Law School. The author or co-author of nearly a dozen books, Warren evolved into a Real Fighter, an advocate for beleaguered families … Read More ➡

ABC News Spotlights Mueller Constitutional Challenge

Andrew Miller

This article by ABC News digital reporter Ali Dukakis appears on the ABC website under the title, “The Conservative DC Legal Group Behind a Challenge to the Mueller Probe:”

The latest legal challenge to special counsel Robert Mueller’s Russia investigation, now heading to the U.S. Court of Appeals, is being steered by a veteran Washington legal group that has a history of taking on Democrats and is bankrolled, in part, by longstanding Republican donors.

The National Legal and Policy Center is backing a subpoena fight launched by Andrew Miller, a former associate of Trump confidant and political provocateur Roger Stone, who has refused a demand from prosecutors to appear before a grand jury. He is objecting, the lawyers said, in order to mount a broad legal challenge to the legitimacy of the special counsel probe.

“The government wanted to hold [Miller] in contempt,” said Paul Kamenar, who was … Read More ➡

Is Congressman Keith Ellison a Domestic Abuser?

During his six terms in Congress, Rep. Keith Ellison, D-Minn., often has been described in less than flattering terms. “Abuser” is a new one. Last Saturday, Ellison, who also is the deputy chairman of the Democratic National Committee (DNC), was accused by the adult son of a former girlfriend of committing extreme domestic abuse during the relationship. The son posted a comment on Facebook during which he referred to a video allegedly showing Ellison dragging the woman, Karen Monahan, off a bed and screaming obscenities. The congressman, who this Tuesday won his party’s primary for Minnesota attorney general, denies all allegations. “This video does not exist because I have never behaved in this way, and any characterization otherwise is false,” he stated. Yet the body of evidence might not work in his favor. And there is a second female accuser with a story to tell.

Keith Ellison, who turned … Read More ➡

Appeal Filed in Challenge to Mueller Constitutionality

Late this afternoon, a Notice of Appeal to the United States Court of Appeals for the District of Columbia Circuit was filed seeking review of the contempt order issued against Andrew Miller for not appearing before Special Counsel Mueller’s grand jury on Friday, August 10, 2018. The appeal will seek review of the court’s decision and opinion of July 31, 2018, upholding the constitutionality of Special Counsel’s appointment.

“This case is likely to go all the way to the Supreme Court,”  said Paul Kamenar, Mr. Miller’s attorney, shortly after filing the appeal.  To those, like Chris Cuomo of CNN who interviewed Mr. Kamenar on the case on Friday, August 10, who say this case is a distraction from Mueller’s investigation, Kamenar’s response is, “the constitution is not a distraction.”   The Mueller challenge is being supported by NLPC.

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‘The Constitution is Never a Distraction, Chris’

Paul Kamenar, attorney for Mueller probe witness Andrew Miller, was interviewed on CNN’s Cuomo Prime Time on Friday night. Miller was held in Contempt, a ruling that was stayed pending appeal. Kamenar will file with the U.S. Court of Appeals on Monday arguing that Mueller’s investigation is unconstitutional.
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Constitutional Challenge to Mueller Advances

Paul Kamenar, right, and NLPC Chairman Peter Flaherty, center.

Andrew Miller, a witness in the investigation by Special Counsel Robert Mueller, was held in Contempt by Judge Beryl Howell this morning, a result necessary to appeal the action to the U.S. Court of Appeals. Judge Howell stayed the Contempt pending the resolution of our appeal.

Miller is represented by constitutional and appellate attorney Paul Kamenar, representation made possible by NLPC.

Kamenar will file the appeal Monday morning based on our assertion that Mueller was appointed in violation of the Appointments Clause of the Constitution, and that his appointment is invalid because he was not appointed by the Attorney General but by Deputy Attorney General Rod Rosenstein.

Today’s action paves the way to higher courts, and possibly the Supreme Court. Getting to this stage was not automatic or easy. We received significant media coverage today. We are trying to get the … Read More ➡