After nearly two years of investigation, the constitutionality of Robert Mueller’s appointment as special counsel has finally been affirmed by the D.C. Circuit Court of Appeals.
A lawsuit was filed in 2017 that argued that Mueller’s appointment was unconstitutional, but the appeals court just affirmed that the appointment was within the framework of constitutional and statutory authorities, in part due to precedent.
Constitutionality questioned
Mueller was first appointed to his role as special counsel by Deputy Attorney General Rod Rosenstein, who was serving as acting attorney general in that circumstance after then-Attorney General Jeff Sessions’ recused himself from all matters related to Russia’s involvement with the 2016 Trump campaign.
The suit questioning the legality of Mueller’s appointment was filed by Andrew Miller, who was an aide to longtime Trump adviser and friend Roger Stone. Miller had been subpoenaed by Mueller to provide testimony as part of the Russia-collusion investigation.
However, Miller ignored the subpoena to appear before a grand jury and instead questioned whether Mueller had been properly appointed to his position in the first place, a circumstance that would render all actions stemming from that appointment null and void.
Judges issue ruling
But a district court disagreed with Miller’s argument and held him in contempt of court for his refusal to answer the subpoena and testify before the grand jury. That district court ruling was then appealed to the D.C. Circuit, where it was heard by a three-judge panel.
That panel — which included Judges Karen LeCraft Henderson, Judith Rogers, and Sri Srinivasan — recently issued a 16-page opinion that confirmed that Mueller’s appointment was indeed legal and affirmed the lower court’s decision to hold Miller in contempt.
The judges looked closely at a number of relevant statutes and prior precedent-setting cases that dealt with the constitutionality of independent and special counsels and their responsibilities in making their decision.
Facing the consequences
Ultimately, the judges ruled that special counsels, including Mueller’s, are legal as “inferior officers” of the Department of Justice. Indeed, they ruled, Rosenstein had all authority to appoint Mueller in 2017.
“Because the Special Counsel is an inferior officer, and the Deputy Attorney General became the head of the Department by virtue of becoming the Acting Attorney General as a result of a vacancy created by the disability of the Attorney General through recusal on the matter, we hold that Miller’s challenge to the appointment of the Special Counsel fails,” the judges ruled.
“Accordingly, we affirm the order finding Miller in civil contempt,” the opinion concluded.
This was a tough ruling for any who still questioned the basic legality of Mueller’s appointment as a special counsel, as it solidified that appointment on constitutional grounds. But just because he’s on the hunt doesn’t mean he’ll find any meat.
805 Responses
I loved your blog article.Really thank you! Cool.
I am so grateful for your blog.Really looking forward to read more. Really Cool.
A round of applause for your blog.Really thank you! Really Great.
Thank you ever so for you post.Much thanks again. Really Great.
Awesome blog post.Thanks Again. Really Great.
I¡¦m no longer certain the place you are getting your information, but good topic. I needs to spend some time learning more or figuring out more. Thank you for magnificent info I was looking for this information for my mission.
I reckon something genuinely special in this site.
Thanks for sharing, this is a fantastic post.Thanks Again. Great.
Thanks-a-mundo for the blog article. Cool.
Thanks again for the article.Thanks Again. Great.
Hey, thanks for the blog.Really looking forward to read more. Much obliged.
I really like and appreciate your blog article.Much thanks again. Much obliged.
Excellent goods from you, man. I’ve take into account your stuff previous to and you’re simply extremely wonderful. I really like what you’ve received right here, really like what you’re saying and the way in which during which you say it. You’re making it entertaining and you still take care of to stay it smart. I cant wait to learn far more from you. This is actually a terrific website.
I just couldn’t depart your web site prior to suggesting that I really enjoyed the standard info a person provide in your guests? Is gonna be back ceaselessly to inspect new posts.
Thank you for your article.Really looking forward to read more. Will read on…
Hey there would you mind letting me know which web host you’re utilizing? I’ve loaded your blog in 3 different internet browsers and I must say this blog loads a lot faster then most. Can you recommend a good web hosting provider at a reasonable price? Kudos, I appreciate it!
Thanks for the helpful post. It is also my opinion that mesothelioma cancer has an particularly long latency period of time, which means that the signs of the disease might not emerge right until 30 to 50 years after the original exposure to mesothelioma. Pleural mesothelioma, that’s the most common form and has an effect on the area throughout the lungs, could cause shortness of breath, upper body pains, along with a persistent cough, which may bring on coughing up body.
Great weblog right here! Additionally your website rather a lot up fast! What host are you the use of? Can I get your affiliate hyperlink to your host? I desire my site loaded up as quickly as yours lol
A round of applause for your post.Really looking forward to read more. Really Great.
Great – I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your customer to communicate. Nice task..
Unquestionably believe that which you said. Your favorite reason appeared to be on the internet the easiest thing to be aware of. I say to you, I definitely get irked while people think about worries that they just don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could take a signal. Will probably be back to get more. Thanks
Do you have a spam problem on this site; I also am a blogger, and I was curious about your situation; we have developed some nice methods and we are looking to trade solutions with others, be sure to shoot me an e-mail if interested.
A round of applause for your article.Really looking forward to read more. Much obliged.
Thanks for sharing, this is a fantastic blog post.Really looking forward to read more. Really Cool.
Very informative blog post.
Hi there just wanted to give you a quick heads up. The words in your article seem to be running off the screen in Opera. I’m not sure if this is a format issue or something to do with internet browser compatibility but I thought I’d post to let you know. The design look great though! Hope you get the problem solved soon. Kudos
You are a very bright person!
Nghá» trang Ä‘iểm cho các show diá»…n thá»i trang, sá»± kiện của thÆ°Æ¡ng hiệu (chuyên viên trang Ä‘iểm)
Appreciate you sharing, great article post.Thanks Again. Keep writing.
Thank you ever so for you blog.Thanks Again. Much obliged.
Thanks a lot for the article.Much thanks again. Awesome.
WONDERFUL Post.thanks for share..more wait .. …
Hello there, You’ve done an excellent job. I’ll certainly digg it and in my view recommend to my friends. I am confident they will be benefited from this web site.
A round of applause for your post.Really looking forward to read more. Great.
I truly appreciate this blog article.Really thank you! Much obliged.
Wow, great post.Much thanks again. Much obliged.
Great blog article.Thanks Again. Really Cool.
What i don’t understood is actually how you are no longer actually much more smartly-preferred than you may be now. You’re so intelligent. You realize thus significantly relating to this topic, produced me in my view believe it from a lot of varied angles. Its like men and women don’t seem to be involved until it’s one thing to do with Girl gaga! Your own stuffs nice. At all times care for it up!
A round of applause for your blog post.Really thank you! Will read on…
wow, awesome article post.Really thank you! Really Great.