As of today, the U.S. Court of Appeals has not ruled on the constitutional challenge to Special Counsel Robert Mueller. The case was argued on November 8 before a three-judge panel consisting of Judges Judith W. Rogers, Karen Henderson and Sri Srinivasan.
That hearing, which lasted well over an hour, took place against the backdrop of the resignation of Attorney General Jeff Sessions. Judge Henderson opened the session by saying, “We have caucused on this. Argue this case as if it was being argued yesterday morning.”
The Sessions resignation proved to be anti-climatic as it pertained to this litigation. The Court asked for supplemental briefs on how it impacted this case. In response, both sides asserted that it should have none.
The plaintiff in the case is Andrew Miller of St. Louis, Missouri, who has been subpoenaed as a witness in Mueller’s Russia probe. Miller worked as an aide to Republican operative Roger Stone, the apparent area of interest of the Special Counsel.
Miller has refused to answer Grand Jury questions on the basis that Mueller’s appointment is unconstitutional. He is represented by constitutional and appellate attorney Paul Kamenar, who is working on a partial pro bono basis, and is supported by the National Legal and Policy Center.
Kamenar has predicted that the case may well be headed to the Supreme Court. He says that he reads nothing in particular to the lack of a decision as of this date.