by Marina Medvin, Townhall
Constitutional law attorney Paul Kamenar has taken Special Counsel Robert S. Mueller to a federal court of appeals, challenging Mueller’s legitimacy and powers as unconstitutional and arguing that Mueller acts like a “U.S. Attorney-at-large or a super U.S. Attorney with almost unlimited resources.” This is the only case to challenge the legitimacy of Mueller’s appointment in a court of appeals.
Kamenar represents Andrew Miller, a former part-time aide to Roger Stone, who was subpoenaed this summer by Mueller to testify against Stone in front of a grand jury. Mueller’s team has spent the past year and a half investigating the “Russian collusion” of Trump’s campaign and has brought criminal charges against numerous individuals, albeit none for “Russian collusion.” Mueller’s reliance on Special Counsel powers to make legal demands of the aide have presented a unique legal opportunity for Kamenar to challenge the arguably illegal powers being exercised by Mueller. Andrew Miller purposely refused to testify in order to be held in contempt, creating a window of opportunity to appeal the contempt order and challenge Mueller’s powers as unconstitutional.
Kamenar’s arguments can be summarized as follows: no matter how you look at Mueller’s appointment, it was done unconstitutionally. According to Kamenar’s brief, there are a few constitutionally permissible options for lawfully appointing Social Counsel, but Mueller’s appointment did not follow any of these legal avenues.