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Special advocate Robert Mueller signed a new legal victory Monday as his investigation into Russia is over, as a federal court of appeal dismissed an offer to reopen a lawsuit challenging the constitutionality of his appointment.
In one order in one sentenceA three-judge panel of the DC Circuit Court of Appeals rejected a request for reconsideration of a case she ruled in February, arguing that Mueller should have been appointed by the president and confirmed by the Senate. Separately, the DC circuit Monday also denied a petition for a new hearing before the whole court.
History continues below
The case concerns a case involving Mueller's authority brought by Andrew Miller, who refused to testify before a federal grand jury on his former employer, Trump's long-time adviser Roger Stone.
Miller's lawyers decided to quash the subpoena citing alleged loopholes in Mueller's appointment, but lost in a unanimous opinion that found no flaws in the decision of Deputy Attorney General Rod Rosenstein in May 2017 to put the special advocate to work to investigate the interference of Russia in the 39, presidential election of 2016.
Miller's lawyers have consistently argued that their primary goal in the fight against the subpoena in Mueller was to mark hearings before the Supreme Court, but the time may be up. The special attorney indicted Stone in January for tampering with witnesses and lying in front of congressional investigators. Last month he concluded his investigation of Russia.
The orders issued by the court on Monday rejected attempt to ask the court to determine whether the dispute is irrelevant because the grand jury no longer requires the testimony of Stone's former aide.
Paul Kamenar, Miller's attorney, said prosecutors had told him that the gradual closure of Mueller's office did not change the position of the case and that the grand jury still needed Miller's testimony.
And as the grand jurors are not supposed to be used to investigate ongoing cases, the position suggests that the grand jury is still investigating something that goes beyond the misrepresentation and charges of hindering the justice already filed against Stone.
The actions of the Court of Appeal placed Miller closer to choosing between going to jail and complying with the grand jury summons requesting his testimony. Unless redress is sought from the Supreme Court of Canada or the Supreme Court circuit, the district court contempt order could actually occur within a week.
In an interview Monday after the publication of the circuit's orders, Kamenar said he would file a motion seeking a stay of the proceedings while he was trying to interest the Supreme Court in the case . He also said he would contact the US Attorney's Office in Washington to see if he still wanted Miller to appear and issue a new summons to appear before the grand jury.
"It is still too early to say how this can change," he said.
Mueller has won many victories while he was investigating Russia's efforts to influence the 2016 election and whether President Donald Trump was preventing justice from obstructing him. investigation. The Chief Justice of the US District Court of D.C. also rejected Miller's arguments. The federal judges of the United States of America and Alexandria, Virginia, also rejected criticism of Mueller's authority during the criminal trial of Paul Manafort, former president of the Trump campaign.
Judge Greg Katsas, who was the White House's Deputy Attorney for Trump before being appointed to the hearing, withdrew from the order refusing Monday's review complete by the court. The other person appointed by Trump on the DC circuit, Neomi Rao, joined the decision.
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