The U.S. Court of Appeals has not yet ruled on the constitutional challenge to Special Counsel Robert Mueller by Andrew Miller. The case was argued on November 8. We had expected a decision much sooner and certainly by now.
So what is going on? The short answer is that we do not know. But the delay has led to speculation by reporters who are covering the story. On Monday Josh Gerstein wrote this in Politico:
A wait of more than three months for the first appeals court ruling on the legality of special counsel Robert Mueller’s appointment is fueling suspicion among court watchers that the decision might contain an unwelcome surprise for Mueller’s team.
We have never predicted that Miller would win at this level, the second highest court in the land. Miller’s attorney, Paul Kamenar, has said that the case may reach the Supreme Court. A loss could … Read More ➡