Appeals Court Wants To Know What DOJ Shake-Up Means For Mueller's Authority
Source: Talking Points Memo
By Tierney Sneed
November 9, 2018 10:01 am
An appeals court that’s hearing a legal challenge to special counsel Robert Mueller’s authority requested Friday that the parties involved file briefings on how the takeover of acting Attorney General Matt Whitaker — who’s taking charge of the probe with the Wednesday firing of Attorney General Jeff Session — may impact the case.
“It is ORDERED by the Court on its own motion that each party submit a supplemental brief addressing what, if any, effect the November 7, 2018 designation of an acting Attorney General different from the official who appointed Special Counsel Mueller has on this case,” the order says, giving the parties a deadline of Nov. 19.
The appeals court panel heard oral arguments on the case on Thursday, during which the judges said that it should be argued as if the shake-up at the Justice Department hadn’t happened, but indicated that they were likely to ask for briefing on the change of leadership.
The challenge has been brought by Andrew Miller, an ex-Roger Stone aide who argues that Mueller’s appointment was unconstitutional because it was made by Deputy Attorney General Rod Rosenstein — who had oversight over the federal Russia investigation because Sessions was recused — rather than by the attorney general.
Read more: https://talkingpointsmemo.com/muckraker/andrew-miller-judges-brief-whitaker-mueller
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and then the committee sends a criminal referral to the DC court which has jurisdiction.................and its both federal.....................................
