IN RE GRAND JURY INVESTIGATION

No. 18-3052.

916 F.3d 1047 (2019)

IN RE: GRAND JURY INVESTIGATION.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 2019.


Attorney(s) appearing for the Case

Paul D. Kamenar , Washington, DC, argued the cause and filed the briefs for appellant.

James C. Martin , Pittsburgh, PA, argued the cause for amicus curiae Concord Management and Consulting LLC in support of appellant. With him on the briefs were Colin E. Wrabley , Pittsburgh, PA, Eric A. Dubelier , and Katherine J. Seikaly , McLean, VA.

Montgomery Blair Sibley , Corning, NY, was on the brief for amicus curiae Montgomery Blair Sibley in support of appellant.

Michael R. Dreeben , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Robert S. Mueller, III , Special Counsel, and Jeannie S. Rhee , and Adam C. Jed , Attorneys.

Elizabeth B. Wydra , Washington, DC and Ashwin P. Phatak , were on the brief for amici curiae Constitutional and Administrative Law Scholars in support of appellee.

Before: Henderson, Rogers and Srinivasan, Circuit Judges.


Andrew Miller appeals an order holding him in contempt for failing to comply with grand jury subpoenas served on him by Special Counsel Robert S. Mueller, III. He contends the Special Counsel's appointment is unlawful under the Appointments Clause of the Constitution, and therefore the contempt...

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