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DC Cir Asks Mueller to Brief Impact of Sessions' Departure

By George Khoury, Esq. on November 13, 2018 | Last updated on March 21, 2019

The United States Court of Appeals for the District of Columbia has ordered Robert Mueller and Roger Stone's attorneys to file briefs explaining how the ouster of Attorney General Jeff Sessions impacts their case.

Notably, due to Sessions having recused himself from overseeing the Mueller probe, the big question being asked by pundits is whether Matthew Whitaker, Sessions' replacement, will also recuse himself. As of yet, there does not seem to be any indication that he will do so. And that raises the even bigger question of whether Whitaker will acquiesce to President Trump's demands to "STOP THE WITCH HUNT" against him and end the Mueller probe.

Mueller Probe, Under New Management, Maybe?

While Special Prosecutor Robert Mueller may be tasked with being independent, there's no doubt that President Trump wants to see the probe end, and that Sessions being fired potentially opens the door for a new AG who could end the probe. However, there might be more to it, which is why the DC Circuit Court of Appeals is asking Mueller and the attorneys in the matter before them to brief the issue.

Legal commentators suspect that the appellate court could issue an order preventing Whitaker from taking over supervision of the Mueller probe, which is currently being supervised by Deputy AG Rod Rosenstein (who initially appointed Mueller after the 2017 firing of Comey) because of Sessions' recusal.

While Whitaker's connection to Trump is supposedly not as deep rooted as Sessions' connection, many believe that his close tie to a person of interest in the probe, and his own statements about it, should require his recusal as well.

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