Matthew Whitaker’s appointment as acting attorney general should have “no effect” on the legal issues in a case challenging Robert Mueller’s authority, lawyers for the special counsel said in a court filing Monday.
The filing came in response to a Nov. 9 request from a federal appeals court weighing a challenge to Mueller’s authority to serve as special counsel. The challenge comes from Andrew Miller, a former aide to Trump ally Roger Stone, who is under investigation by Mueller as part of his probe into Russian interference in the 2016 election. Miller has been held in contempt for refusing to testify in a grand jury convened by Mueller.
