Echoing Trump, indicted Russians contest Mueller's legitimacy

[Dashinka 24,764]

By JOSH GERSTEIN

06/25/2018 05:12 PM EDT

 

Special counsel Robert Mueller's probe is facing a new challenge to its legitimacy from an unlikely source: Russia.

Echoing an argument offered by President Donald Trump himself, a Russian company Mueller has charged with meddling in the 2016 election filed a legal motion Monday seeking to dismiss the case by attacking Mueller's appointment as a violation of the U.S. Constitution.

The filing from American attorneys for St. Petersburg-based Concord Management and Consulting contends that Mueller's appointment was legally flawed because he was never nominated by the president and confirmed by the Senate — nor was he appointed pursuant to a specific law passed by Congress.

Many legal experts believe that Mueller likely did not expect to face a legal counterattack from the Russian company, which was founded by a close ally of Russian President Vladimir Putin. The unexpectedly vigorous defense could consume Mueller's precious time and resources, diverting him from his ongoing investigation.

The statute used to appoint independent counsels expired back in 1999. But Deputy Attorney General Rod Rosenstein named Mueller under regulations issued that same year which allow for a special counsel to be hired as a department employee in cases presenting a conflict of interest or "other extraordinary circumstances."

"Under this Nation’s established constitutional framework, without a proper appointment and express congressional authorization, neither the Attorney General nor his subordinates have the inherent authority to empower a private attorney to investigate and prosecute anyone, regardless of citizenship, when he or she deems it is expedient to do so under jurisdictional ground rules that he or she alone sets down," Concord's attorneys wrote.

"Here, the Deputy Attorney General and the Special Counsel are attempting to exercise authority neither the Constitution nor Congress has conferred, and this Court should dismiss the Indictment to restore the checks and balances the Constitution demands," they added.

 

https://www.politico.com/story/2018/06/25/robert-mueller-legitimacy-russians-670356

[bcking 3,157]

"echoing Trump, indicted Russians say..."

 

Makes sense to me

[Dashinka 24,764]

1 hour ago, bcking said:

"echoing Trump, indicted Russians say..."

 

Makes sense to me

Sure it does.  I don't think Mueller ever expected a fight on this one.  I still am wondering how they will get around discovery.  Each accused has rights to see the evidence against them and I would think if this isn't allowed it would be automatic grounds for appeal.  Dismissal may be the only course for Mueller.

[TBoneTX 46,042]

15 hours ago, Bill & Katya said:

Mueller's probe is facing a new challenge to its legitimacy from an unlikely source: Russia.

Turnabout is fair play.

We reap what we sow.

My karma ran over your dogma.