A constitutional law attorney is challenging the legitimacy and purview of Special Counsel Robert Mueller in federal court – a challenge some predict will go all the way to the Supreme Court. (Forbes)
What will happen if the arguments prevail in the Supreme Court and Mueller's authority is ruled unconstitutional? "The other pending Special Counsel prosecutions or convictions on appeal would have to be invalidated," Kamenar explains.
Kamenar is representing Andrew Miller, who was subpoenaed by Mueller using his powers as Special Counsel to testify against the subject of one of Mueller's investigations, Roger Stone. While Miller was but a young aide and seemingly not all-that-relevant to the criminal investigation, the circumstances surrounding Mueller relying on his Special Counsel powers to make demands of the aide have presented a unique legal opportunity for Kamenar to challenge the arguably illegal powers being exercised by the Special Counsel.
This is the first case to challenge the legitimacy of Mueller's appointment in a Court of Appeals.
According to Kamenar, there are only two constitutionally permissible options for Special Counsel to have been appointed in the U.S. government:
Option one involves the president nominating the special counsel, who is then confirmed by the Senate, and finally appointed by the president.
Option two: Congress passes legislation to bypass the nomination and confirmation process and vests the appointment of inferior officers in the President alone, in the court or cabinet heads, like the attorney general.