In re: Grand Jury Investigation

Andrew Miller appealed an order holding him in contempt for failing to comply with grand jury subpoenas served on him by Special Counsel Robert S. Mueller, contending that the Special Counsel's appointment was unlawful under the Appointments Clause of the Constitution. Miller argued that Special Counsel Mueller is a principal officer, and thus his appointment was in violation of the Appointments Clause because he was not appointed by the President with advice and consent of the Senate.The DC Circuit affirmed the order finding Miller in civil contempt, holding that Miller's challenge to the appointment of the Special Counsel failed. The court held that binding precedent instructs that Special Counsel Mueller is an inferior officer under the Appointments Clause, and Congress has vested in the Attorney General the power to appoint subordinate officers to assist him in the discharge of his duties. In this case, the Deputy Attorney General became the head of the Department by virtue of becoming the Acting Attorney General as a result of a vacancy created by the disability of the Attorney General through recusal on the matter. Therefore, the court held that Special Counsel Mueller was properly appointed by a head of Department, who at the time was the Acting Attorney General. View "In re: Grand Jury Investigation" on Justia Law