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Trump: Mueller probe decisions up to Whitaker

President Donald Trump said "it's going to be up to him" when asked if he would accept any move by acting Attorney General Matthew Whitaker to curtail special counsel Robert Mueller's investigation, in an interview on Fox News.

Posted: Nov 19, 2018 5:51 PM
Updated: Nov 19, 2018 6:25 PM

The appointment of acting Attorney General Matthew Whitaker two weeks ago should have no effect on an ongoing court challenge that questions the constitutionality of special counsel Robert Mueller's appointment, the Justice Department argued in a new court filing Monday.

"The President's designation of Acting Attorney General Matthew G. Whitaker on November 7, 2018, has no effect on this case," which deals with an attempt to force a Roger Stone associate to testify before a grand jury, the special counsel's legal team wrote in the filing.

"Whitaker's designation neither alters the Special Counsel's authority to represent the United States nor raises any jurisdictional issue," the prosecutors wrote. "Nothing exceptional about this case warrants a departure from standard procedure."

The case involves Andrew Miller, an associate of Stone's who was subpoenaed earlier this year. He refused to testify before the grand jury, even after a trial-level judge ordered he must. The judge held Miller in contempt of court, so he has taken his case to the federal Court of Appeals. Generally, Miller seeks to invalidate Mueller's work. He argues that Mueller cannot subpoena him because the special counsel was not appointed by the President nor confirmed by the US Senate.

The Justice Department legal team, led by longtime federal lawyers currently working for Mueller, says Mueller was properly appointed last May by then-acting Attorney General Rod Rosenstein and continues to work at the discretion of Justice Department leadership.

"The validity of the Special Counsel's appointment at that time cannot be retroactively affected by a change in the official who is serving as the Acting Attorney General in November 2018," the prosecutors wrote. "The Special Counsel continues to hold his office despite the change in the identity of the Acting Attorney General."

In Miller's own response to the Whitaker question, also just filed, his legal defense team agrees that nothing in his case changes with Sessions' departure and Whitaker's appointment.

A panel of three appellate judges had heard arguments on Mueller's constitutional power two weeks ago, one day after Sessions left the Justice Department and Whitaker took over. Sessions had been recused from overseeing the Russia investigation because he had acted as a witness early in the probe. Rosenstein, who had appointed Mueller in May 2017 and signed off on the special counsel's office's work since then, was able to hand oversight back to Whitaker with the attorney general's office turnover. The appellate judges had asked both sides to provide extra responses about the Justice Department's change in leadership.

Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 31715

Reported Deaths: 1984
CountyConfirmedDeaths
Marion9189533
Lake3299167
Cass15826
Allen127766
St. Joseph117034
Hendricks112367
Hamilton109992
Johnson1082104
Elkhart100827
Madison58258
Porter48721
Bartholomew48033
Clark45838
LaPorte40821
Tippecanoe3733
Jackson3611
Howard35618
Delaware35434
Hancock31927
Shelby31421
Floyd31338
Boone28235
Morgan26124
Vanderburgh2482
Montgomery22717
White2268
Decatur22431
Clinton2151
Noble18520
Grant18520
Harrison18521
Dubois1822
Greene16723
Warrick16426
Dearborn16221
Monroe16010
Henry1597
Vigo1477
Lawrence14322
Miami1391
Putnam1337
Jennings1274
Orange12422
Scott1183
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Franklin1068
Carroll922
Kosciusko861
Daviess8216
Steuben792
Newton7410
Wabash722
Wayne695
Fayette654
Marshall641
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Jasper561
Washington521
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Jay430
Jefferson411
Randolph403
Pulaski390
Clay391
Whitley392
Brown331
Sullivan321
Starke313
Owen311
DeKalb291
Perry270
Huntington262
Benton250
Knox240
Crawford230
Wells230
Tipton221
Blackford201
Switzerland190
Fountain182
Parke170
Posey170
Spencer161
Gibson142
Ohio130
Adams121
Warren121
Vermillion90
Martin90
Union80
Pike60
Unassigned0152

Ohio Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 32477

Reported Deaths: 1987
CountyConfirmedDeaths
Franklin5310237
Cuyahoga3963217
Marion261921
Hamilton2458128
Lucas2126229
Pickaway204335
Mahoning1341169
Summit1236159
Butler80225
Stark68589
Lorain64858
Columbiana60950
Montgomery60515
Trumbull52942
Belmont39012
Miami34830
Warren33619
Tuscarawas3182
Portage31458
Medina30219
Delaware30013
Ashtabula28132
Wood27645
Lake26811
Geauga25729
Wayne25050
Fairfield2403
Clark2236
Licking20710
Allen19131
Mercer1903
Clermont1885
Richland1863
Erie1575
Darke15316
Madison1347
Washington11718
Crawford1043
Morrow1041
Greene935
Ottawa917
Putnam8714
Monroe7111
Sandusky6810
Ross662
Hocking654
Auglaize643
Jefferson622
Huron551
Williams521
Hancock481
Muskingum450
Union450
Clinton430
Hardin410
Shelby412
Logan370
Fayette370
Wyandot362
Fulton360
Defiance322
Guernsey310
Preble301
Carroll282
Lawrence280
Holmes271
Champaign261
Brown251
Coshocton240
Knox231
Vinton191
Seneca192
Ashland180
Highland181
Perry181
Scioto150
Henry150
Athens141
Paulding130
Jackson110
Harrison100
Adams81
Gallia71
Pike60
Meigs60
Morgan50
Noble50
Van Wert50
Unassigned00
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