Mueller power questioned in first post-Sessions court hearing

Source: Politico | November 8, 2018 | Josh Gerstein, Theodoric Meyer and Darren Samuelsohn

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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