On October 9, 2018, constitutional and appellate attorney Paul Kamenar filed his reply to Special Counsel Robert Mueller’s brief in the case of Andrew Miller v. United States of America before the U.S. Court of Appeals for the District of Columbia.
Kamenar represents Andrew Miller, a witness in Mueller’s investigation, who has declined to appear before the Grand Jury convened by Mueller on the basis that Mueller’s appointment is unconstitutional. Miller lost at the District Court level, a decision he is appealing. Oral arguments are scheduled for November 8, two days after the midterm elections. Kamenar’s representation of Miller is made possible by the National Legal and Policy Center and its supporters around the country.
The brief argues, among other things, that Mueller is a “principal officer” under the Constitution and has been granted “wide discretion” by Deputy Attorney General Rod Rosenstein. Mueller claims in his brief that … Read More ➡
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 ➡
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.
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.
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 ➡
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.
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 ➡