Friday, November 9, 2018

In the courts...

A federal appellate court panel on Friday ordered Robert Mueller as well as attorneys trying to knock the special counsel out of his job to file new legal briefs that explain how this week’s shake-up atop the Justice Department could influence their case.

In a one-paragraph order, the three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit told Mueller and lawyers for a former aide to Roger Stone that they have until Nov. 19 to turn in briefs that sift through Wednesday’s firing of Attorney General Jeff Sessions and the legal reaction it may have created.

[...]

The Whitaker-Sessions shake-up came up briefly Thursday during oral arguments in the D.C. Circuit courtroom as it considered the case between Mueller and Andrew Miller, the former Stone aide who is challenging the special counsel’s appointment on constitutional grounds.

There, Judge Karen Henderson said the judges would set aside Sessions’ departure for the hearing but likely would ask for supplemental briefing to address the legal issues tied to the handover from Rosenstein to Whitaker.

[...]

The court’s order came less than 24 hours later and instructed Mueller and Miller’s attorney to turn in briefs limited to 10 pages that address “what, if any, effect the November 7, 2018 designation of an acting Attorney General different from the official who appointed Special Counsel Mueller has on this case.”

  Politico
Preet Bharara, former US AG for the Southern District of New York,  and Anne Milgram, former New Jersey AG, discuss this "controversial" move on CAFE Insider.

...but hey, do what you want...you will anyway.

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