Mueller's office cites Watergate precedent in defending special counsel's authority

Robert Mueller defended his appointment and authority as special counsel in a legal brief referencing precedents involving Watergate and other past presidential scandals.

The special counsel’s office cited the scandal that culminated in former President Richard Nixon’s resignation in response to a legal challenge mounted on behalf of Andrew Miller, an associate of President Trump’s former campaign adviser Roger Stone.

Filed in D.C. federal appeals court Friday, the 71-page brief claimed that previous appointments make it clear that Mr. Mueller is legally authorized to investigate allegations of Russian interference in the 2016 election and related matters, contrary to arguments raised by Mr. Miller.

“These instances — involving appointments by Attorneys General under Presidents Garfield, Theodore Roosevelt, Truman, Kennedy, Nixon, Carter, George H.W. Bush and Clinton — span nearly 140 years and include some of the most notorious scandals in the Nation’s history, including Watergate,” wrote Michael Dreeben, U.S. deputy solicitor general.

The Supreme Court ruled during Watergate that “the Attorney General has statutory authority to appoint a special counsel and delegate prosecutorial authority to him,” Mr. Dreeben wrote. “That precedent forecloses Miller’s challenge to the statutory authority for the appointment here.”
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