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

Read More ➡ “Rehearing Sought in Constitutional Challenge to Mueller”

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 ➡ “Constitutional Challenge to Mueller to Continue”

No Decision Yet on Mueller Constitutional Challenge

As of today, the U.S. Court of Appeals has not ruled on the constitutional challenge to Special Counsel Robert Mueller. The case was argued on November 8 before a three-judge panel consisting of Judges Judith W. Rogers, Karen Henderson and Sri Srinivasan.

That hearing, which lasted well over an hour, took place against the backdrop of the resignation of Attorney General Jeff Sessions. Judge Henderson opened the session by saying, “We have caucused on this. Argue this case as if it was being argued yesterday morning.”

The Sessions resignation proved to be anti-climatic as it pertained to this litigation. The Court asked for supplemental briefs on how it impacted this case. In response, both sides asserted that it should have none.

The plaintiff in the case is Andrew Miller of St. Louis, Missouri, who has been subpoenaed as a witness in Mueller’s Russia probe. Miller worked as an aide to … Read More ➡ “No Decision Yet on Mueller Constitutional Challenge”