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 ➡

Constitutional Challenge to Mueller Advances

Paul Kamenar, right, and NLPC Chairman Peter Flaherty, center.

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 ➡

Judge Turns Back Constitutional Challenge to Mueller— For Now

Hon. Beryl Howell, Chief Judge of the U.S. District Court for the District of Columbia, has denied a Motion to Quash a subpoena to a Grand Jury witness in the Russia collusion probe headed by Special Counsel Robert Mueller. The Motion was made by attorneys for a witness on the basis that Mueller’s appointment was not constitutional under the Appointments Clause. The Motion was argued during a 90-minute hearing on July 18. The names of the witness and the attorneys were redacted in the decision, which was made public today.

Howell’s denial was expected. Attorneys for the witness will appeal the ruling to a higher court.

Click here for the 93-page decision.Read More ➡