Special counsel Robert Mueller scored one of the biggest legal wins of his tenure on Tuesday, as a federal appeals court rejected claims that his appointment was unconstitutional.
In a unanimous ruling, a three-judge panel of the D.C. Circuit Court of Appeals turned aside arguments that Mueller wields so much power as a special prosecutor that he should have been nominated by the president and confirmed by the Senate.
The appeals court judges also found no flaw in Deputy Attorney General Rod Rosenstein’s appointment of Mueller in the wake of the recusal of then-Attorney General Jeff Sessions. The court said that because the attorney general can repeal the regulations used to appoint Mueller at any time, he remains under the control of a Cabinet official.
“Special Counsel Mueller effectively serves at the pleasure of an Executive Branch officer who was appointed with the advice and consent of the Senate,” Judge Judith Rogers wrote, joined by Judges Sri Srinivasan and Karen Henderson.
Mueller’s office declined to comment on the decision.
The D.C. Circuit challenge was brought by Andrew Miller, an associate of former Trump adviser Roger Stone, who was indicted in January on charges of witness tampering and lying to congressional investigators. Finish @ Source: Mueller scores big win as court rejects challenge to his appointment
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