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Last yr a District Court Judge questioned Mueller's tactics & mandate, it went to court. Now, more than 3 mos have lapsed & there's no ruling from DC Circuit Ct, leading to some concern that the decision of the 3-Judge panel won't be a good one for OSC. politico.com/story/2019/02/…
2-"The challenge the D.C. Circuit panel is wrestling with was brought by Andrew Miller, a former assistant to the longtime Trump adviser Roger Stone. Arguing that Mueller was illegally appointed, Miller fought a subpoena to appear before a grand jury in Washington.
3-"After losing in front of a district court judge, attorney Paul Kamenar took Miller’s case to the appeals court, which heard arguments in November...At one point, it looked as if Mueller might be waiting for Miller’s testimony before charging Stone, who had said publicly since
4-"last May that he was bracing to be indicted. As the fight with Miller unfolded last year, however, no indictment of Stone emerged. Stone was finally indicted last month, about 10 weeks after Miller’s appeal was argued.A few days later, Kamenar turned up at the federal
5-"courthouse in Washington, chatting with journalists about the Mueller challenge he brought that has dropped from the headlines.Stone’s indictment prompted Kamenar to ask prosecutors whether Miller’s testimony was still needed. He said they replied with a one-line email saying
6-"the grand jury still wanted to hear from his client.Federal court rulings and Justice Department policy say grand juries should be used to investigate only potential future charges, not past ones. That prosecutors are still pressing for Miller’s testimony suggests further
7-" charges against Stone or one of his associates, Kamenar said...the court typically treats grand jury cases with greater urgency than other disputes, since the lack of testimony or records from a particular witness can sometimes impair an ongoing investigation.
8-"And the court initially seemed intent on moving the Miller case along quickly...In recent months, Miller’s challenge has been eclipsed by another, more mysterious grand jury fight involving the special counsel: a showdown with a foreign-government-owned company refusing to
9-"turn over information demanded by a jury working with Mueller’s prosecutors...Former prosecutors said they remained doubtful that Mueller would suffer an outright defeat in the Miller case, but they said the passage of time suggested some trouble for the special counsel.
10-"The panel considering the challenge to Mueller’s appointment consists of two Democratic-appointed judges and one Republican appointee: Judith Rogers, who was appointed by President Bill Clinton; Sri Srinivasan, an appointee of President Barack Obama; and
11-"Karen LeCraft Henderson, who was appointed by President George H.W. Bush.“I wonder if Judge Henderson is battling the others. Otherwise, I don’t get the delay,” McQuade said." ~Excerpts Politico, 2/18/19
