Appeals court panel hears arguments challenging Mueller’s authority

A federal appeals court Thursday heard a case brought by a former aide to Trump adviser Roger Stone seeking to undermine special counsel Robert Mueller’s authority to continue his probe .

Andrew Miller issued an appeal in front of the three-judge panel for the DC Appeals Court to argue that Mueller’s appointment by Deputy Attorney General Rod Rosenstein last year was unconstitutional, according to POLITICO.

{mosads}Mueller’s authority was again thrust into the spotlight Wednesday after President Trump dismissed Attorney General Jeff Sessions and installed a loyalist who had criticized Mueller in the past as his temporary replacement.

Judge Karen Henderson told lawyers on each side to look past Sessions’ resignation, saying, “Argue this case as if it was being argued yesterday morning.”

Miller’s lawyer, Paul Kamenar, focused much of his case on Mueller’s extensive powers, saying the regulations under which he was appointed give him “free reign.” 

“The special counsel does exercise extraordinary prosecutorial and governmental powers,” POLITICO reports Kamenar told the judges. “He can bring indictments in multiple jurisdictions. He’s like a U.S. attorney at large.” 

“He can indict without consulting the acting attorney general,” he added.

Deputy Solicitor General Michael Dreeben, who is representing the special counsel’s office, dismissed Kamenar’s claims.

“I think the court may have been given a slightly different impression than the way the regulations actually operate,” Dreeben said. “We are therefore required to submit reports to the acting attorney general in accordance with Department of Justice urgent report guidelines. … Major events in investigations are reported up the chain of command.”

“The acting attorney general can ask the special counsel for explanation of any investigatory step,” he added. “He’s aware of what we’re doing. … It’s not the case that the special counsel is off wandering in a free-floating environment and can decide when to report.”

Miller’s attorneys have suggested the case will go all the way to the Supreme Court, with Kamenar and Miller both noting that the new arrival of Justice Brett Kavanaugh.

“He’d be a great justice to rule on this case,” Kamenar said, noting the justice has written about the constitutionality of the prior independent counsel law. 

The special counsel’s interest in Miller arises from Mueller’s line of inquiry into Stone, who is suspected of linking up with Wikileaks, seen by many as a tool of the Kremlin, during the campaign to coordinate its leaking of emails and documents embarrassing to Democrats. 

Miller’s stance against Mueller’s investigation is supported by the president, who has called the probe illegal and a “witch hunt.”

Mueller is investigating into obstruction of justice and possible collusion between the Trump campaign and Russia.