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.
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 ➡
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 ➡
The legacy media (of course) has focused on all the evidence Robert Mueller considered in his report about whether President Donald Trump obstructed justice during the Russian (non)collusion investigation, questioning whether the special counsel made the right decision not to prosecute the Commander-in-Chief.
There are disputes in the testimony between witnesses, which is why Mueller didn’t move forward with a “prosecutorial decision” on that point (or on any other). But setting aside the analysis about what happened, and interpreting it under the law, there is one question that is not being addressed:
National Legal and Policy Center filed suit today against the Department of Justice to force release of a document specifying a conflict of interest for which Special Counsel Robert Mueller received a retroactive waiver.
In the wake of demands for “transparency” through the release of the Mueller report, we are also asking for transparency.
Justice Department foot-dragging on a Freedom of Information Act (FOIA) request filed by NLPC in September 2018 necessitated the suit. We asked for all records pertaining to the appointment of Mueller to be Special Counsel by Deputy Attorney General Rod Rosenstein on May 17, 2017. The Justice Department regulations governing appointment of Special Counsels require a “detailed review of ethics and conflicts of interest issues” of any individual who is under consideration.
NLPC has already received a Justice Department document confirming that Mueller had a conflict, but it is withholding another saying what the conflict was … Read More ➡
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.
Fred Lucas in The Daily Signal today reports on the investigation supposedly being conducted by John Huber, the United States Attorney for Utah. Instead of appointing another Special Counsel, then-Attorney General Jeff Sessions a year ago appointed Huber to investigate the FISA warrant issued on Trump campaign aide Carter Page, as well as the Uranium One deal. From the story:
Since his appointment, Huber’s investigation has been a complete mystery, said Peter Flaherty, chairman of the National Legal and Policy Center, a conservative government watchdog group.
“There is no evidence a real investigation is taking place,” Flaherty told The Daily Signal. “We don’t have a grand jury. It doesn’t seem key witnesses were interviewed. There is certainly no evidence he has staffed up. What he is up to is a mystery.”
Flaherty said he agrees with Graham and others who support appointment of a new
Those who hoped the Special Counsel would find criminal acts by President Trump are disappointed this week, but for Robert Mueller and his team it can only be “mission accomplished.”
Of course, Mueller’s team would have loved to have taken down Trump, but the more achievable goal was to misdirect attention from their own actions. The probe was initiated and staffed by the same people who prior to the election sought to use the mechanisms of the law enforcement bureaucracy to deny Trump the presidency.
Sigmund Freud called it “psychological projection,” whereby the human ego defends itself by attributing one’s own negative traits to others. That is how a group of high-level bureaucrats and prosecutors convinced themselves that Donald Trump had no regard for democratic norms and that he was a traitor in the embrace of a foreign power, allowing them to answer “a higher calling” by illegally intervening in … Read More ➡
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.”
On Thursday, November 8, the U.S. Court of Appeals will hear In Re: Grand Jury Investigation, No. 18-3052, Andrew Miller v. Robert Mueller. The 1pm hearing will take place at the United States Courthouse in the fifth floor courtroom at 333 Constitution Avenue, NW in Washington, DC.
Miller is represented by constitutional and appellate attorney Paul Kamenar, who will advance three principal arguments:
1) Congress did not authorize the appointment of a Special Counsel as an officer of the United States.
2) Mueller is a principal officer and should have been appointed by the President and confirmed by the U.S. Senate like all U.S. Attorneys.
3) If Mueller is an inferior officer as he claims, the Appointments Clause requires that he be appointed by the “head of the department,” which is Attorney General Jeff Sessions, not Deputy Attorney General Rod Rosenstein.
Kamenar’s representation of Miller, which is on … Read More ➡