Mueller Must Answer Questions About His Conflict of Interest

Tomorrow, former Special Counsel Robert Mueller will testify before the House Judiciary Committee and the House Intelligence Committee about his two-year investigation into Russian interference with the 2016 election.

While the Justice Department yesterday ordered Mueller to stay within the confines of his report, there are unanswered questions about Mueller’s conflict of interest that have not been answered but are the subject of a pending FOIA lawsuit by the National Legal and Policy Center.

President Trump has repeatedly said Mueller has a conflict for a number of reasons, such as a dispute with membership fees at Trump’s Virginia golf club, his relationship with fired FBI Director James Comey, not getting appointed by Trump to head the FBI, and his law firm’s work with the Clinton Foundation. Here’s what Mueller should be asked:

  1. On May 16, 2017, you had an interview with President Trump in the White House about the vacancy
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Andrew Miller to Appear Before Mueller Grand Jury Today

Andrew Miller
Andrew Miller

Andrew Miller will testify before the Grand Jury at 11:00 AM today. Miller’s appearance follows a nearly year-long court battle over the Constitutionality of the appointment former Special Counsel, Robert Mueller.

On Tuesday, May 28, 2019 Miller’s legal challenge was remanded from the D.C. Circuit to the District Court following its February 26, 2019 ruling rejecting the argument.

Miller’s attorney, Paul Kamenar, made a final attempt to quash Miller’s subpoena on the grounds that since Mueller’s investigation is over, and Roger Stone has been indicted, it would be improper under Department of Justice policy and precedent to use the Grand Jury to obtain pre-trial evidence on someone already indicted.

The exception to that rule is if the government is seeking to indict the defendant on other crimes or that were other possible targets for which evidence was needed – opening the door for compelling testimony.

After hearing the … Read More ➡

Constitutional Challenge to Mueller Ends

Special Counsel Robert Mueller
Special Counsel Robert Mueller

Andrew Miller, a witness in the Russia investigation, today agreed to honor a subpoena issued last year to appear before the grand jury convened by Special Counsel Robert Mueller. The former aide to GOP operative Roger Stone had been refusing to appear on the grounds that Mueller’s appointment and authority were unconstitutional.

Miller’s appearance before the grand jury will effectively end the constitutional challenge to Mueller.

Miller’s challenge went through the U.S. District Court for the District of Columbia, up to the U.S. Court of Appeals for the District of Columbia, and back down to the District Court. Today, District Court Judge Beryl Howell denied a motion by Miller to further stay the subpoena. Miller’s attorney, Paul Kamenar, argued that grand juries are not allowed to gather evidence after an indictment has been made. It has been presumed that the Special Counsel’s interest in Miller pertained … Read More ➡

Feds Still Want Witness Testimony in Mueller Probe, But Why?

Andrew Miller

From Courthouse News Service by Britain Eakin:

Challenging the lack of cooperation by former Roger Stone associate Andrew Miller, prosecutors told the D.C. Circuit Thursday that the grand jury that worked with special counsel Robert Mueller still needs Miller’s testimony.

Filed this morning by the U.S. Attorney’s Office for the District of Columbia, the government’s 21-page opposition brief indicates that the grand jury empaneled by Mueller is likely still working, and that more criminal charges related to Miller’s testimony are possible.

The grand jury working with Mueller had subpoenaed Miller in May 2018 for testimony concerning Stone’s relationship to WikiLeaks, its founder Julian Assange and Guccifer 2.0, a fake persona allegedly tied to Russian intelligence that filtered hacked Democratic emails damaging to Hillary Clinton during the 2016 election.

After Miller refused to testify last year, a federal judge held him in contempt, prompting an appeal to the … Read More ➡

Mueller Probe Witness Seeks Stay to Allow Supreme Court Review; Motion Cites Brett Kavanaugh

Andrew Miller, a former aide to Roger Stone, has filed a motion to stay the mandate in the U.S. Court of Appeals for the District of Columbia that rejected his constitutional challenge to Special Counsel Robert Mueller in order to seek review of the court’s decision upholding his contempt of court for refusing to appear before the Mueller Grand Jury last June, 2018 in the U.S. Supreme Court.

In the motion, Miller’s attorney Paul Kamenar argued that a stay was justified because the petition to the Supreme Court will present “substantial questions” of Mueller’s constitutionality and that “good cause” exists justifying the short stay of the case from being remanded to the district court.

Kamenar represents Miller on a partial pro bono basis, and is supported by the National Legal and Policy Center.

The motion also cites Brett Kavanaugh to support Miller’s argument that Mueller should have been appointed as … Read More ➡

Appeals Court Rejects Rehearing of Mueller Constitutional Challenge

Andrew Miller

On April 29, the U.S. Court of Appeals refused to rehear a constitutional challenge to the appointment and authority of Special Counsel Robert Mueller. The Court did not rule on a related but separate request to decide whether the case was now moot because Mueller has turned in his report. That question was kicked back down to D.C. Circuit Court.

A three-judge panel of the Appeals Court ruled against the plaintiff Andrew Miller on February 26. Miller is a former aide to Roger Stone who has been subpoenaed to appear as a witness before Mueller’s grand jury. He has refused to any questions on the basis that Mueller’s probe is unconstitutional. Miller had sought an en banc rehearing of all eleven judges of the Appeals Court.

Miller is represented by constitutional and appellate lawyer Paul Kamenar on a partial pro bono basis, and is supported by the National … Read More ➡

Rehearing Sought in Constitutional Challenge to Mueller

Paul Kamenar, attorney for Andrew Miller, today filed a petition for rehearing before the full U.S. Court of Appeals to review and reverse the 3-judge court’s decision of February 26, 2019 rejecting Miller’s constitutional challenge to a grand jury subpoena issued by Special Counsel Mueller last summer.

The Special Counsel was seeking testimony from Miller, who was a one-time aide to Roger Stone at the RNC Convention in 2016. The petition asked the Court to first consider whether the case is moot now that Mueller has completed his investigation.

If the Court determines that the case is still active, Miller intends to pursue his case in the U.S. Supreme Court to get a definitive ruling on the legality of Mueller. The challenge is supported by the National Legal and Policy Center.

Here is the petition for rehearing: Miller Petition for Reheari… by on Scribd

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Constitutional Challenge to Mueller to Continue

The delivery of Robert Mueller’s report to Attorney General William Barr does not mean the end of the constitutional challenge to the Special Counsel’s authority by Andrew Miller, who has been subpoenaed as a witness in the investigation.

Paul Kamenar, who represents Miller, commented, “Several days ago the Special Counsel notified us that they are still interested in having Andrew Miller testify before the grand jury regarding Roger Stone whose case is also being handled by the local U.S. Attorney.

We are pursuing further judicial review of our challenge to Mueller’s constitutional authority to issue his subpoena last June despite today’s action that indicates the Special Counsel has terminated his investigation.

Thus, it is not clear at this point whether any further request for Mr. Miller’s testimony will come from the U.S. Attorney’s office should we not prevail, or whether they will decide his testimony is no longer needed.”

“Regardless … Read More ➡

Appeals Court Turns Back Constitutional Challenge to Mueller

Andrew Miller

Today, the U.S. Court of Appeals for the District of Columbia Circuit rejected a constitutional challenge to the authority of Special Counsel Robert Mueller in a case brought by Andrew Miller, a former aide to Roger Stone during the 2016 Republican Convention who challenged a subpoena to appear before the grand jury last June.

“We are disappointed with the decision and will be considering future legal action, whether before the full court of appeals or the Supreme Court,” said Paul Kamenar, attorney for Mr. Miller. “The fact that the court took more than three months to decide this appeal after oral argument compared to the three days it took in December to decide another challenge to a Mueller subpoena issued to an unnamed foreign corporation, demonstrates that this was a serious and substantial challenge,” Kamenar added.

“We’re committed to continue supporting this legal challenge and any related actions“ … Read More ➡

‘Unwelcome Surprise’ for Mueller?

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 ➡