Trump Warned of Mueller ‘Perjury Trap’

Darren Samuelsohn of Politico today reports, according to a source, that Special Counsel Robert Mueller has delivered to President Trump written questions related to his Russia collusion probe. From the article:

Peter Flaherty, chairman of the National Legal & Policy Center, warned on Thursday against Trump’s submitting written responses “in any way” given the legal consequences.

“Mueller has come up so empty on collusion that this may be a final stab at a perjury trap,” said Flaherty, who runs a conservative nonprofit that is funding a legal challenge to the constitutionality of the special counsel’s appointment.

Click here to read the entire piece in Politico.

 

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Reply Brief Filed in Constitutional Challenge to Mueller

Andrew Miller

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 ➡

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 ➡

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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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 ➡

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 ➡

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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