Taking Down Goliath: A Constitutional Challenge to Mueller’s Powers

by Marina Medvin, Townhall

Constitutional law attorney Paul Kamenar has taken Special Counsel Robert S. Mueller to a federal court of appeals, challenging Mueller’s legitimacy and powers as unconstitutional and arguing that Mueller acts like a “U.S. Attorney-at-large or a super U.S. Attorney with almost unlimited resources.” This is the only case to challenge the legitimacy of Mueller’s appointment in a court of appeals.

Kamenar represents Andrew Miller, a former part-time aide to Roger Stone, who was subpoenaed this summer by Mueller to testify against Stone in front of a grand jury. Mueller’s team has spent the past year and a half investigating the “Russian collusion” of Trump’s campaign and has brought criminal charges against numerous individuals, albeit none for “Russian collusion.” Mueller’s reliance on Special Counsel powers to make legal demands of the aide have presented a unique legal opportunity for Kamenar to challenge the arguably illegal powers … Read More ➡

HHS, Nonprofit Group Combat Union Medicaid Dues-Skimming Schemes

Few things say “money in the bank” to a public-sector union quite like Medicaid. A proposed federal rule would end this freebie. On July 12, the Department of Health and Human Services (HHS) posted a Notice of Proposed Rulemaking to bar states from using Medicaid funds as a source of dues for unions representing home health care providers. Workers still would have the right to join a union. But non-joiners no longer would be captive of a state agency deducting dues and forwarding them to a union. Over a dozen states now engage in this practice. For organized labor, this arrangement generates around $200 million a year. That’s why unions and the states are resisting the proposed rule in the aftermath of the Supreme Court’s Janus ruling in June. A recent development in Washington State has strengthened the hand of reluctant dues payers while the department finalizes its rule.… Read More ➡

Hearing on Mueller Constitutional Challenge Set for November 8

Andrew Miller

The U.S. Court of Appeals has scheduled oral arguments for November 8, two days after the midterm elections, on the challenge by Andrew Miller to the constitutionality of Special Counsel Robert Mueller’s investigation.

On Friday, September 28, Mueller filed a 71-page brief making many of the same flawed arguments he made at the District Court level. A reply brief by Paul Kamenar, Miller’s attorney, is due on October 9. Kamenar’s representation of Miller is made possible by the National Legal and Policy Center and its supporters around the country.

Here is Mueller’s brief:

Mueller Brief 9-28-18 by Peter Flaherty on Scribd

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California to Impose Gender Quotas on Businesses?

Mandatory “gender equity” on corporate boards may seem a far-fetched idea, but in one state it soon may become law. Several weeks ago, the California legislature passed a bill, SB 826, that would require every public company headquartered in the state to have at least one woman on its board of directors by the end of 2019. Larger companies also would have to place at least two women on their boards by the end of 2021. There would be stiff fines for noncompliance. The bill awaits the signature of Gov. Jerry Brown (in photo). It’s yet another example of how affirmative action is driven by political shaming, not by sensible economics or constitutional law.

Feminists long have set their sights on breaking the “glass ceiling,” that metaphorical barrier established by male employers to discourage women from advancing to top positions. As a corrective, these activists increasingly are calling for requiring … Read More ➡

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 ➡