Update in Roger Stone aide Andrew Miller's contempt appeal which includes a challenge to the constitutionality of special counsel Mueller's authority. 9 constitutional law professors filed a friend of the court brief today in support of Mueller, arguing his appointment was sound.
As background, Miller says the scope of Mueller's prosecutorial powers and an alleged lack of oversight require presidential appointment and Senate confirmation. Not so, say the professors. Mueller is an inferior officer and his appointment falls in line w/the appointments clause
SCOTUS has recognized that the president, courts or a department head can appoint inferior officers "if their 'work is directed and supervised at some level by others who were appointed by Presidential nomination with the advice and consent of the Senate."
Here Rosenstein qualifies as a department head since Attorney General Sessions recused himself from the Russia probe and Rosenstein appointed Mueller in his capacity as the acting attorney general.
Far from being unsupervised, the professors say the attorney general has the authority to remove a special counsel, and can revoke the Justice Department's regulations that otherwise protect a special counsel from for-cause removal.
The regs also give the AG "wide latitude to supervise and direct the special counsel, and permit the AG to fire the special counsel for 'misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies."
Here's a link to the amicus brief. And be sure to mark your calendars, the DC Circuit will hear oral arguments in the case on Nov. 8, which can be live-streamed. documentcloud.org/documents/4956…
