National Legal and Policy Center (NLPC), an ethics watchdog group, along with Andrew Miller, a former aide to Roger Stone who challenged the constitutionality of Special Counsel Robert Mueller with NLPC’s support, filed a complaint against Mueller prosecutor Aaron Zelinsky today with the Office of Professional Responsibility at the Justice Department.
The 17-page complaint with exhibits alleges ethical misconduct by abusing the grand jury in seeking Mr. Miller’s testimony, misleading the court at a May 29, 2019 hearing about why the government failed to expedite the case after the court of appeals denied the Mueller challenge on February 26, 2019, and switching grand juries on Mr. Miller without informing his attorney and the court.
“Mr. Zelinsky abused the grand jury by seeking Mr. Miller’s testimony long after Mr. Stone was indicted, which violates Department of Justice policy prohibiting gathering evidence on a defendant after indictment, unless the government was seeking evidence for new crimes against Mr. Stone or other targets. Neither exception appeared to be the case,” said Paul Kamenar, counsel for NLPC and Mr. Miller who waged an almost one-year legal challenge to Mr. Mueller’s constitutionality under the Appointments Clause supported by NLPC.
“It appears that Mr. Zelinsky’s claim in court that Mr. Miller’s grand jury testimony was needed for an ‘ongoing investigation’ was bogus since Special Counsel Mueller in this report indicated there was no such ongoing investigation in the Stone case unlike in two other cases,” said Peter Flaherty, NLPC Chair. “Our complaint must be thoroughly investigated and Mr. Zelinsky disciplined if the facts support our claims,” added Mr. Flaherty.
Mr. Zelinsky is scheduled to testify tomorrow before the House Judiciary Committee as a whistleblower claiming that AG William Barr revoked Zelinsky’s draconian 7-9 year sentencing recommendation, which Judge Jackson could have followed but disregarded anyway.
Here are the Complaint and Exhibits: