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: 710607

Reported Deaths: 13248
CountyCasesDeaths
Marion968581722
Lake51908949
Allen39337672
Hamilton34643406
St. Joseph34306543
Elkhart27477432
Vanderburgh22099394
Tippecanoe21927213
Porter17987301
Johnson17571374
Hendricks16854310
Clark12715190
Madison12367337
Vigo12240244
Monroe11510166
LaPorte11204204
Delaware10382184
Howard9698211
Kosciusko9165114
Hancock8014139
Bartholomew7913155
Warrick7702155
Floyd7568176
Wayne6917198
Grant6855171
Boone6568100
Morgan6414138
Dubois6091117
Marshall5801109
Dearborn571276
Cass5698104
Henry5588101
Noble543683
Jackson494172
Shelby481395
Lawrence4349118
Gibson429589
Harrison429171
Clinton420953
Montgomery418986
DeKalb413284
Whitley382239
Huntington379780
Miami373365
Knox367189
Steuben367157
Putnam353460
Jasper352546
Wabash348178
Adams338253
Ripley335469
Jefferson318080
White308854
Daviess289999
Wells286881
Decatur279592
Fayette277362
Greene271085
Posey269533
Scott261553
Clay255445
LaGrange255470
Randolph236080
Washington231631
Spencer228131
Jennings225448
Fountain209345
Sullivan208042
Starke206252
Owen192756
Fulton192140
Jay186429
Carroll186120
Perry181436
Orange178353
Rush170824
Vermillion166343
Franklin166035
Tipton161543
Parke144616
Blackford133931
Pike130734
Pulaski114345
Newton104234
Brown100740
Crawford97914
Benton97413
Martin83115
Warren80215
Switzerland7698
Union70110
Ohio56011
Unassigned0408

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 1058395

Reported Deaths: 19033
CountyCasesDeaths
Franklin1229981360
Cuyahoga1080042072
Hamilton785031170
Montgomery50326998
Summit45710915
Lucas40568768
Butler37858572
Stark31586896
Lorain24333473
Warren23964293
Mahoning21029584
Lake20143365
Clermont19480229
Delaware18162130
Licking16185207
Fairfield15796197
Trumbull15666461
Medina14961259
Greene14765236
Clark13697293
Wood12828185
Portage12481196
Allen11374229
Richland11102198
Miami10568214
Muskingum8729127
Wayne8619209
Columbiana8589226
Pickaway8454121
Marion8409135
Tuscarawas8393240
Erie7644154
Hancock6746124
Ross6727146
Ashtabula6563166
Geauga6563146
Scioto6314101
Belmont5657159
Union560247
Lawrence5483102
Jefferson5372149
Huron5333114
Darke5285121
Sandusky5208120
Seneca5163120
Washington5095108
Athens509256
Auglaize477683
Mercer473785
Shelby458092
Knox4418108
Madison426559
Putnam423199
Ashland414488
Fulton411667
Defiance405596
Crawford3894102
Brown387755
Logan375176
Preble372498
Clinton364060
Ottawa359578
Highland348460
Williams330074
Champaign322357
Jackson309351
Guernsey308749
Perry290949
Fayette278448
Morrow277239
Hardin265964
Henry265066
Coshocton261058
Holmes255199
Van Wert239863
Pike234231
Gallia233346
Adams230252
Wyandot228354
Hocking210759
Carroll189747
Paulding169239
Meigs141738
Noble133037
Monroe129041
Morgan107723
Harrison105936
Vinton81614
Unassigned02
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