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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.

Cases: 611039

Reported Deaths: 9716
CountyCasesDeaths
Marion844351336
Lake45508685
Allen32891552
Hamilton29546315
St. Joseph27449381
Elkhart24440345
Vanderburgh19513250
Tippecanoe18043140
Johnson15140295
Porter14865169
Hendricks14440248
Madison11009222
Vigo10769181
Clark10731144
Monroe9424113
Delaware9152134
LaPorte9103164
Howard8268144
Kosciusko808983
Warrick676599
Hancock6741104
Bartholomew6523100
Floyd6469110
Wayne6157162
Grant6011116
Dubois556980
Boone554668
Morgan545795
Henry509764
Marshall505384
Cass485264
Dearborn483245
Noble474059
Jackson426747
Shelby419581
Lawrence392980
Clinton374243
Gibson372559
Harrison350945
DeKalb348264
Montgomery346554
Knox335839
Miami323044
Steuben314545
Whitley309726
Wabash304551
Adams302136
Ripley300046
Putnam297850
Huntington293159
Jasper290534
White274143
Daviess271274
Jefferson264738
Decatur248983
Fayette247848
Greene241162
Posey240328
Wells236451
LaGrange229662
Scott225739
Clay223532
Randolph214948
Jennings199336
Sullivan192933
Spencer192422
Washington187523
Fountain184627
Starke175643
Jay168223
Owen166837
Fulton164230
Orange160835
Carroll159115
Rush155818
Perry155229
Vermillion149334
Franklin149033
Tipton133033
Parke13088
Pike118226
Blackford111422
Pulaski97337
Newton91721
Brown88235
Benton86910
Crawford8069
Martin74413
Warren6857
Switzerland6665
Union6287
Ohio4957
Unassigned0376

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 864322

Reported Deaths: 10711
CountyCasesDeaths
Franklin101705707
Cuyahoga860661145
Hamilton64392448
Montgomery43309418
Summit35063761
Lucas31500625
Butler31128232
Stark25933435
Warren19746141
Lorain19165223
Mahoning17383338
Lake16178154
Clermont16057111
Delaware1445479
Licking13274137
Fairfield1287781
Trumbull12861316
Greene12114139
Medina11666168
Clark10995265
Wood10407158
Allen9945126
Portage9382109
Miami921073
Richland9186118
Marion7467113
Tuscarawas7410182
Columbiana7356124
Pickaway728450
Wayne7080171
Muskingum705241
Erie6188129
Hancock554390
Ross5532100
Scioto541664
Geauga513555
Darke471092
Lawrence457958
Ashtabula454673
Union454628
Sandusky438562
Mercer434489
Seneca431566
Huron430041
Auglaize423064
Shelby421922
Jefferson420569
Belmont417740
Washington391840
Athens38129
Putnam376275
Madison356529
Knox354422
Ashland347438
Fulton339343
Defiance332286
Crawford323874
Preble321437
Brown313921
Logan309132
Ottawa294943
Clinton290743
Williams279467
Highland276718
Jackson265345
Guernsey256326
Champaign252628
Fayette237330
Morrow23334
Perry232018
Holmes225674
Henry220149
Hardin214033
Coshocton205722
Van Wert202645
Gallia198826
Wyandot196151
Pike177417
Adams176915
Hocking172624
Carroll156216
Paulding144721
Noble120740
Meigs109024
Monroe101032
Harrison89421
Morgan83430
Vinton70813
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