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.
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.
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 Successful Mueller Misdirection”
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.”
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.
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.
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.
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.
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.