Legal experts have serious doubts the case will shut down Mueller’s probe.
A drive to derail special counsel Robert Mueller’s probe into the Trump campaign was taken up by a powerful federal appeals court Thursday as a three-judge panel heard arguments that the special prosecutor’s appointment last year was legally flawed and unconstitutional.
The judges heard an appeal from a former aide to Trump adviser Roger Stone, Andrew Miller, who resisted a grand jury subpoena in order to create a legal vehicle to challenge Mueller’s authority to continue his year-and-a-half long probe into alleged collusion between the Trump political operation and Russia during the 2016 presidential race.
The arguments Thursday marked the first public outing for members of the special counsel’s team since Democrats won future control of the House in the November midterms and Trump fired Attorney General Jeff Sessions and gave the investigators a new boss: acting Attorney General Matt Whitaker.
Before the lawyers said a word, the senior member of the panel, Judge Karen Henderson, said the judges had decided to set aside Sessions’ departure — for now.
“Argue this case as if it was being argued yesterday morning,” said Henderson, an appointee of President George H.W. Bush.
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DC Circuit just ordered Mueller/Miller attorneys to file briefs by 11/19 "addressing what, if any, effect the 11/7/18 designation of an acting Attorney General different from the official who appointed Special Counsel Mueller has on this case." https://t.co/GuwIs7xvBA @politico
— Darren Samuelsohn (@dsamuelsohn) November 9, 2018
Wow. The Court of Appeals, in a case challenging Mueller, now orders briefing on impact of the Sessions firing & installation of Whittaker. It is possible for parties to take the view that his boss is the legitimate Rosenstein, not the pretend-Attorney General Trump wants to have pic.twitter.com/RBO4THR4zO
— Neal Katyal (@neal_katyal) November 9, 2018
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