Reply Brief Filed in Constitutional Challenge to Mueller

Andrew Miller

On October 9, 2018, constitutional and appellate attorney Paul Kamenar filed his reply to Special Counsel Robert Mueller’s brief in the case of Andrew Miller v. United States of America before the U.S. Court of Appeals for the District of Columbia.

Kamenar represents Andrew Miller, a witness in Mueller’s investigation, who has declined to appear before the Grand Jury convened by Mueller on the basis that Mueller’s appointment is unconstitutional. Miller lost at the District Court level, a decision he is appealing. Oral arguments are scheduled for November 8, two days after the midterm elections. Kamenar’s representation of Miller is made possible by the National Legal and Policy Center and its supporters around the country.

The brief argues, among other things, that Mueller is a “principal officer” under the Constitution and has been granted “wide discretion” by Deputy Attorney General Rod Rosenstein. Mueller claims in his brief that he is an “inferior officer,” subject to supervision by Rosenstein.

The reply brief points to recent media reports that Rosenstein is biased against President Trump. Rosenstein was reportedly “upset that the President used his Memorandum recommending the firing of FBI Director James Comey for his mishandling of the Hillary Clinton email matter as a pretext to remove Director Comey from this very investigation.” The brief also points to the indictment of Russian intelligence officers on the eve of the U.S.-Russia summit.

Here is the reply brief.

Appellant Miller Reply Brief by Peter Flaherty on Scribd