Special counsel Robert Mueller scored one of the biggest legal wins of his tenure on Tuesday, as a federal appeals court rejected claims that his appointment was unconstitutional
Last year, Mueller’s office demanded that Miller appear before a federal grand jury in Washington probing the Russia matters, but Miller moved to quash the subpoena by citing alleged flaws in Mueller’s appointment. Miller’s challenge was backed by conservatives looking for a vehicle to escalate the legal attack on Mueller’s office.
Miller worked as an assistant to Stone, who began saying last spring that he was bracing for an indictment by prosecutors from Mueller’s team. For a time, it appeared prosecutors might be waiting for a ruling on Miller’s protests before proceeding to indict Stone, but they ultimately brought charges without Miller’s testimony.
Chief Judge Beryl Howell of the U.S. District Court in Washington rejected Miller’s arguments last year, although she wrote that his attorney raised “legitimate questions.” That firm, Concord Management and Consulting, endorsed Miller’s appeal and presented arguments against Mueller at the November D.C. Circuit session where Kamenar pressed Miller’s case.
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