Court rejects challenge to Mueller appointment

A federal court of appeal in Washington on Monday rejected a challenge by a special advocate Robert MuellerRobert Swan MuellerSasse: US should applaud Mueller's choice to lead the investigation on RussiaThe appointment that was made by Roger StoneRoger Jason StoneEnvoying questions about Mueller Mueller's investigation rejects Stone's complaint that CNN has been informed of his arrest Mueller will not report to the Justice Department next week MORE associate Andrew Miller.

"Because the special council is an inferior officer and that the Deputy Attorney General became the head of the department by becoming the Acting Attorney General following a vacancy created by the Attorney General's Invalidity by the challenge, we that Miller's challenge to the appointment of the special board fails, "wrote Judge Judith Rogers before the US Court of Appeals for the unanimous opinion of the DC circuit.

The court also upheld an order of a district court convicting Miller in defiance of the refusal to testify before the grand jury of Mueller's investigation into Russia's interference in the 2016 presidential election and a possible collusion with the Trump campaign.

In appealing the District Court's decision, Miller argued that Mueller's appointment was illegal under the constitutional appointment clause.

He stated that the special council was a senior officer who was not appointed by the president with the advice and consent of the Senate; Congress has not "legally" authorized the appointment of the special advocate; and the special council was not appointed by a "department head".

After the Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsTrump says he did not talk to Barr about Mueller's report. A former Trump advisor: I can not imagine Mueller not giving House a 'road map' for impeachment.disqualification from investigation on Russia, Deputy Attorney General Rod RosensteinRod Jay RosensteinRosenstein says the public should trust Barr in the Mueller report "Dear Attorney General Barr": Insider tips The Hill & # 39; s Morning Report – A pivotal week for Trump PLUS was acting as chief of the department when he named Mueller, said the court.

Stone, for whom Miller was working, was recently charged with seven counts, including obstruction of a congressional investigation, falsification of witnesses, and five counts of misrepresentation in Congress. He pleaded not guilty.