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 … Read More ➡