WASHINGTON – On news this morning that a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, comprised of judges appointed by Republicans and Democrats alike, dealt an unequivocal defeat to Roger Stone associate Andrew Miller in his attempt to have Robert Mueller’s appointment as Special Counsel held unconstitutional, Constitutional Accountability Center Chief Counsel Brianne Gorod issued the following statement:

Today’s ruling should come as no surprise, because this challenge to the constitutionality of Robert Mueller’s appointment as Special Counsel was plainly without merit. As we argued in our brief on behalf of distinguished scholars of constitutional and administrative law, “The Special Counsel plainly meets th[e] standard [for “inferior officer”] because federal law affords the Attorney General virtually plenary authority over the Special Counsel and his activities, and the Attorney General retains the authority to remove the Special Counsel.” While today’s ruling was unsurprising, that doesn’t make it unimportant. The Special Counsel is engaged in critically important work, and today’s decision makes clear that that work can continue.

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Resources:

CAC brief on behalf of Constitutional and Administrative Law Scholars in Support of the United States, In Re: Grand Jury Investigation: https://www.theusconstitution.org/wp-content/uploads/2018/10/Miller-Amicus-Brief-FINAL.pdf

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Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

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