The court upheld a civil contempt order against former Roger Stone associate Andrew Miller, who refused to comply with a grand jury subpoena and challenged Mueller's appointment.
Tuesday that special counsel Robert Mueller was"properly appointed," becoming the first higher court to weigh in on the lawfulness of Mueller's appointment and come out in his favor.
The US Court of Appeals for the DC Circuit rejected arguments challenging Mueller's appointment raised by former Roger Stone associate Andrew Miler, who had refused to comply with a grand jury subpoena. The three-judge panel unanimously upheld a lower court judge's order finding Miller in civil contempt.
In an opinion written by Judge Judith Rogers, the court concluded that Mueller was an"inferior officer," which meant that he could be legally appointed by Deputy Attorney General Rod Rosenstein. Miller had argued that Mueller was a"principal officer" who had to be confirmed by the US Senate. Rogers wrote that an official in Mueller's position didn't hold enough power on his own to qualify as a"principal officer." The attorney general — or Rosenstein, who was overseeing Mueller until recently in light of former attorney general Jeff Sessions' recusal from the Russia probe — could withdraw the regulations that gave Mueller what authority he did have, and that dictated the conditions for when Mueller could be removed.
"In either event, Special Counsel Mueller effectively serves at the pleasure of an Executive Branch officer who was appointed with the advice and consent of the Senate," Rogers wrote.Topics In This Article
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