Appeals Court to Hear Constitutional Challenge to Special Counsel Mueller

On Thursday, November 8, the U.S. Court of Appeals will hear In Re: Grand Jury Investigation, No. 18-3052, Andrew Miller v. Robert Mueller. The 1pm hearing will take place at the United States Courthouse in the fifth floor courtroom at 333 Constitution Avenue, NW in Washington, DC. Miller is represented by constitutional and appellate attorney […]

Taking Down Goliath: A Constitutional Challenge to Mueller’s Powers

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 […]

Brief Makes Compelling Case That Mueller Appointment is Unconstitutional

On September 11, 2018, constitutional and appellate attorney Paul Kamenar filed his brief with the U.S. Court of Appeals on behalf of his client Andrew Miller, a witness in the investigation of Special Counsel Robert Mueller. Miller is declining to honor a subpoena to appear before a Grand Jury and is challenging the constitutionality of […]

Calabresi Criticizes Judge For Upholding Constitutionality of Mueller Probe

In an op-ed in The Hill, Law Professor Steven Calabresi says that U.S. District Court Chief Judge Beryl Howell erred in upholding the constitutionality of the investigation of Special Counsel Robert Mueller. Her decision has been appealed to the U.S. Court of Appeals. Briefs were due yesterday and oral arguments will take place in October. Andrew […]

Appeal Filed in Challenge to Mueller Constitutionality

Late this afternoon, a Notice of Appeal to the United States Court of Appeals for the District of Columbia Circuit was filed seeking review of the contempt order issued against Andrew Miller for not appearing before Special Counsel Mueller’s grand jury on Friday, August 10, 2018. The appeal will seek review of the court’s decision […]

Debate Heats Up Over Constitutionality of Mueller Probe

Legal scholars Seth Barrett Tillman and Josh Blackman have weighed in on the increasingly relevant question of whether Robert Mueller’s appointment as Special Counsel is constitutional. I made my views known when I told the New York Times, “The founders feared exactly what we see in Mueller: a runaway federal official. We hope to see […]

Is Robert Mueller’s Probe Unconstitutional?

The question of whether Special Counsel Robert Mueller’s investigation is constitutional is examined by George Will in his latest column: The president, who might not be fully acquainted with the pertinent Supreme Court case law, says the appointment of Robert S. Mueller III as special counsel was unconstitutional. The president’s opinion, because it is his, is […]