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
Thank you ever so for you blog.Really thank you! Really Great.
Thanks-a-mundo for the blog post. Great.
When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get several emails with the same comment. Is there any way you can remove me from that service? Cheers!
Hello there, simply was alert to your weblog via Google, and found that it is really informative. I’m going to be careful for brussels. I’ll appreciate in the event you continue this in future. Many people shall be benefited from your writing. Cheers!
Appreciate you sharing, great post.Thanks Again.
Thanks for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such great information being shared freely out there.
I truly appreciate this blog article.Thanks Again. Much obliged.
Really informative article.Thanks Again. Great.
Really enjoyed this blog article.Much thanks again. Keep writing.
Thanks for the blog post.Much thanks again. Cool.
An additional issue is that video gaming has become one of the all-time main forms of excitement for people of any age. Kids engage in video games, plus adults do, too. The XBox 360 is just about the favorite gaming systems for many who love to have a huge variety of games available to them, along with who like to play live with other people all over the world. Many thanks for sharing your thinking.
Hello! I’ve been following your web site for a while now and finally got the bravery to go ahead and give you a shout out from Kingwood Texas! Just wanted to say keep up the fantastic job!
Appreciate you sharing, great blog.Really looking forward to read more. Really Cool.
I love what you guys are up too. This sort of clever work and coverage! Keep up the wonderful works guys I’ve added you guys to our blogroll.
Appreciating the hard work you put into your website and detailed information you present. It’s good to come across a blog every once in a while that isn’t the same unwanted rehashed material. Great read! I’ve bookmarked your site and I’m adding your RSS feeds to my Google account.
We stumbled over here coming from a different web page and thought I may as well check things out. I like what I see so now i am following you. Look forward to going over your web page yet again.
Hi there! I could have sworn I’ve been to this website before but after browsing through some of the post I realized it’s new to me. Anyways, I’m definitely delighted I found it and I’ll be bookmarking and checking back often!
Really enjoyed this article post.Much thanks again. Will read on…
Appreciating the dedication you put into your website and in depth information you present. It’s awesome to come across a blog every once in a while that isn’t the same outdated rehashed material. Excellent read! I’ve saved your site and I’m including your RSS feeds to my Google account.
Great article.Much thanks again. Fantastic.
Hi there, simply became aware of your weblog through Google, and located that it is truly informative. I am gonna watch out for brussels. I will be grateful should you continue this in future. A lot of folks will probably be benefited out of your writing. Cheers!
Thanks for the blog post.Much thanks again. Keep writing.
A big thank you for your blog article. Really Great.
whoah this weblog is excellent i love studying your posts. Keep up the good paintings! You recognize, lots of individuals are looking round for this information, you could aid them greatly.
No matter if some one searches for his necessary thing, so he/she wants to be available that in detail, thus that thing is maintained over here.
Heya i am for the primary time here. I found this board and I find It truly helpful & it helped me out much. I’m hoping to provide something back and help others like you aided me.
Appreciate you sharing, great blog post.Much thanks again. Cool.
hello there and thank you for your information I have certainly picked up anything new from right here. I did however expertise some technical issues using this website, as I experienced to reload the website lots of times previous to I could get it to load correctly. I had been wondering if your hosting is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and can damage your high quality score if advertising and marketing with Adwords. Well I am adding this RSS to my email and can look out for much more of your respective interesting content. Make sure you update this again soon..
I really enjoy the post.Thanks Again. Cool.
hello there and thank you for your information Ive definitely picked up anything new from right here. I did however expertise some technical issues using this site, since I experienced to reload the site lots of times previous to I could get it to load correctly. I had been wondering if your hosting is OK? Not that I’m complaining, but slow loading instances times will very frequently affect your placement in google and could damage your high-quality score if advertising and marketing with Adwords. Well I am adding this RSS to my email and can look out for much more of your respective interesting content. Ensure that you update this again soon..
Really enjoyed this article.Thanks Again. Really Great.
Im obliged for the blog post.Really looking forward to read more. Fantastic.
I truly appreciate this post. Ive been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thanks again
Of course, what a splendid website and revealing posts, I surely will bookmark your website.Have an awsome day!
Thanks for the write-up. My spouse and i have always noticed that a lot of people are needing to lose weight simply because wish to look slim along with attractive. Having said that, they do not constantly realize that there are other benefits for losing weight as well. Doctors insist that obese people come across a variety of ailments that can be directly attributed to their particular excess weight. Fortunately that people who definitely are overweight plus suffering from a variety of diseases are able to reduce the severity of the illnesses simply by losing weight. You are able to see a continuous but identifiable improvement in health while even a moderate amount of fat reduction is achieved.
Really enjoyed this blog.Really thank you! Cool.
I am so grateful for your post. Really Great.
I really liked your article. Really Great.
Very interesting subject , appreciate it for posting . “He who seizes the right moment is the right man.” by Johann Wolfgang von Goethe.
This is one awesome blog.Thanks Again. Awesome.