‘Be brave’: Russian firm urges judge to nix Mueller indictment

‘Be brave’: Russian firm urges judge to nix Mueller indictment

Lawyers for a Russian company accused of financing a massive political influence operation in the United States urged a federal judge Friday to “be brave” and declare special counsel Robert Mueller’s appointment invalid.

At a federal courthouse just steps from the U.S. Capitol, the Russian firm’s attorney — James Martin, an appellate lawyer with the Pittsburgh-based firm Reed Smith — urged District Court Judge Dabney Friedrich to look past Supreme Court precedent recognizing the appointment of the Watergate special prosecutor in the 1970s.

People following the court battles involving Mueller - keep an eye on this case. This case revolves around the original 13 Russians / Russian companies Mueller indicted and the SC lawyers were woefully unprepared when the Russians plead not guilty.

The latest 3 motions from the defense also challenge Mueller's authority and some interesting info came out during the hearing. Apparently another judge overseeing another part of the Mueller cases ruled Mueller's appointment / actions were lawful however in an unprecedented turn of events the judge made his ruling secret and did not allow the defense lawyers time to make any type of counter argument.

During today's hearing this issue was also raised with this judge. Mueller's team, in their defense of Mueller's actions, argued that the scotus ruling dealing with the SC from the Nixon era was all the judge needed to make a decision in their favor. Given the judges response and questions it appears that may not be enough. They offered to provide the judge with more briefing info on the topic and the judge declined. She stated she will come to her own conclusions and noted she has no issues issuing a ruling that runs counter to what other judges have ruled.

So August is apparently shaping up to be an interesting month in the realm of point-counterpoint for the courts and Mueller.

a reply to: Xcathdra

It must be nice to come out of retirement with a blank check, a list of names, and a motive to find SOMETHING, ANYTHING.

Not to mention by order of an illegal appointment.

But hey, we nabbed some Russians...oh wait we just indicted them.

originally posted by: Vector99
a reply to: Xcathdra

It must be nice to come out of retirement with a blank check, a list of names, and a motive to find SOMETHING, ANYTHING.

Not to mention by order of an illegal appointment.

But hey, we nabbed some Russians...oh wait we just indicted them.

The irony is that not one of those Russians are in the US so the chances of actually sending one to jail is slim to none. Just like the 12 GRU officers in Mueller's latest indictments.

a reply to: Xcathdra

The real irony was when one Russian company fought back and challenged the indictment, then the Mueller team wanted more time, and the judge said nope.

We better hope Putin and the Russians don’t start playing the same game to the detriment of American citizens. I have no doubt this will come back to bite our country in the ass sometime in the future.

a reply to: Xcathdra

After reading the article and then reading the information below, I don't think the defense's argument that Mueller was appointed by Rosenstein instead of Sessions is going to help them.

"In our statement we will refer to powers and responsibilities of the Attorney General. As the order promulgating the special counsel regulations indicates (64 Fed. Reg. 37038), the authority of the Attorney General under the regulations shall be exercised by the Acting Attorney General, who usually will be the Deputy Attorney General, in any matter in which the Attorney General is “personally recused.” That caveat applies to everything that follows."

www.brookings.edu...

a reply to: Deetermined

It will make a difference if they can prove Rosenstein had conflicts of interest, which have already been proven by Congress's introduction of the indictment against Rosenstein.

a reply to: BlueAjah

Very true. Let's hope they're capable of coming up with an argument that's convincing enough for that. Mueller needs to be banned for conflict of interest as well.

a reply to: Deetermined

When Sessions recused himself DAG Rosenstein became the defacto AG concerning issue with the SC.

What is being argued however is a constitutional violation of the appointment clause. They are saying, and correctly, that Mueller and his SC team identifying themselves as US attorneys is the violations. Only the President can nominate Federal Prosecutors and the Senate has to confirm them.

In this case no such action occurred. Rosenstein appointed Mueller as a US attorney /Special counsel. Mueller did not go thru a nomination process nor a senate confirmation hearing. Essentially DAG Rosenstein appointed Mueller as a US attorney without going thru the required process and confirmation and by extension violated the Constitution and exceeded his authority.

If that argument, that the violated the appointments clause, then everything Mueller touched is done.