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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 5:13 PM
Updated: Nov 19, 2018 5:25 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.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 484675

Reported Deaths: 9480
CountyCasesDeaths
Harrison33151493
Hinds31184589
DeSoto30803365
Jackson23735349
Rankin21390373
Lee14963221
Madison14206272
Jones13430227
Forrest13199241
Lauderdale11623307
Lowndes10501176
Lamar10258130
Pearl River9151221
Lafayette8268137
Hancock7534113
Washington7144152
Oktibbeha6989124
Monroe6533167
Neshoba6489201
Warren6486166
Pontotoc632993
Panola6278127
Marshall6165126
Bolivar6129145
Union576089
Pike5626138
Alcorn540590
Lincoln5310132
George473572
Scott461596
Leflore4495140
Tippah448180
Prentiss447979
Itawamba4457100
Adams4429117
Tate4420103
Wayne434667
Simpson4339114
Copiah432988
Yazoo423686
Covington417192
Sunflower4155104
Marion4111104
Coahoma3986100
Leake398286
Newton372375
Grenada3565104
Stone351360
Tishomingo338389
Attala325987
Jasper316062
Winston305691
Clay297374
Chickasaw287866
Clarke283290
Calhoun267741
Holmes262887
Smith252249
Yalobusha224347
Tallahatchie221150
Walthall211758
Greene209945
Lawrence207034
Perry201054
Amite199452
Webster196942
Noxubee179339
Montgomery172954
Jefferson Davis168342
Carroll162537
Tunica154235
Benton143035
Kemper138840
Choctaw128826
Claiborne127134
Humphreys127038
Franklin116928
Quitman104227
Wilkinson102036
Jefferson91533
Sharkey63020
Issaquena1937
Unassigned00

Alabama Coronavirus Cases

Cases: 790648

Reported Deaths: 14025
CountyCasesDeaths
Jefferson1117431765
Mobile709021237
Madison50032633
Shelby36350315
Baldwin36278495
Tuscaloosa34034548
Montgomery33229678
Lee22712220
Calhoun21297410
Morgan19852335
Etowah19341462
Marshall17716274
Houston16862386
St. Clair15479305
Cullman14659258
Limestone14609188
Elmore14507264
Lauderdale13557281
Talladega13015236
DeKalb12214237
Walker10604330
Blount9735157
Autauga9691137
Jackson9400158
Coffee8934175
Dale8631173
Colbert8545184
Tallapoosa6688181
Escambia6599121
Covington6466167
Chilton6395144
Russell608755
Franklin5805101
Chambers5425134
Marion4818120
Dallas4713189
Clarke464079
Pike463297
Geneva4433117
Winston427395
Lawrence4124108
Bibb410281
Barbour347470
Marengo326485
Monroe320253
Butler318490
Randolph306656
Pickens306474
Henry302658
Hale293085
Cherokee290855
Fayette280373
Washington245548
Crenshaw238770
Cleburne236751
Clay229265
Macon220658
Lamar200443
Conecuh182046
Coosa170835
Lowndes170858
Wilcox159736
Bullock149543
Perry136537
Sumter124736
Greene121443
Choctaw73427
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Columbus
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Little bits and pieces of low pressure move back into our area over the next several days. This will bring back into our weather forecast some more chances for some isolated to scattered showers and thunderstorms.
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