Rumors and hints that Mueller will present mysterious new witness to Grand Jury on Dec. 14th.

[DetlefK]

Link to tweet

BREAKING: D.C. Circuit just announced that the Dec. 14 oral argument in the mystery grand jury witness case POLITICO reported on will take place in CLOSED SESSION. Earlier:

https://www.politico.com/story/2018/10/24/mueller-investigation-grand-jury-roger-stone-friend-938572

Special counsel Robert Mueller appears to be locked in a dispute with a mystery grand jury witness resisting giving up information sought in the ongoing probe into alleged Trump campaign collusion with Russia.

...

Nothing on the two dockets for the mystery grand jury fight mentions Mueller or his team.

However, a POLITICO reporter who visited the appeals court clerk's office on a day when a key filing in the dispute was due earlier this month observed a man request a copy of the special counsel's latest sealed filing so that the man's law firm could craft its response. The individual who asked for the secret filing declined to identify himself or his client and replied “I’m OK” when offered a reporter’s business card to remain in touch.

Three hours later, a sealed response in the grand-jury dispute was submitted to the D.C. Circuit.

...

but a notation in court files says only nine of the court's 10 active judges participated. Bowing out was Judge Greg Katsas, the court's only member appointed by President Donald Trump.

Katsas served as a deputy White House counsel before Trump tapped him for the powerful D.C. Circuit last year. At Katsas's confirmation hearing, he acknowledged working on some issues related to the Russia investigation and signaled he would take a broad view of his recusal obligations stemming from that work.

"In cases of doubt, I would probably err on the side of recusal," Katsas told senators last October.

Sounds like somebody realized that they damn better cooperate.

[LudwigPastorius]

1. Hmmm...

Could it be Donald “Butthead” Trump Jr. looking to avoid jail?

[LuvLoogie]

18. My first guess. He'll go to jail, but maybe for less time.

Who wants to watch their kids grow from prison? Maybe his cheese ball life with his girlfriend is helping him to see what he gave up.

[watoos]

2. I'm a bit slow, especially in legal matters,

Are you saying the judge may be the mystery witness or is his recusal a separate issue?

The judge may be a Trumper but he may not be stupid, he may realize that he doesn't want to take on Robert Mueller.

[DetlefK]

4. No, the recusal of the judge is a hint that the case is about Trump.

[Achilleaze]

10. ...or Dirty Donny Junior* (R)

* spawn of the republican Draft-Dodger-in-Chief

[kentuck]

3. Julian Assange?

He could set a few facts straight, I would think?

[PJMcK]

5. Just guessing

Stone or Junior. They seem to be the next rungs on the ladder. It seems too early for Trump.

[ewagner]

8. I think you're right...n/t

[Botany]

6. Who is Jerome Corsi? Alex

n/t

[BumRushDaShow]

7. I'm going to throw a Hail Mary and suggest

Sessions? He certainly disappeared off the face of the earth since he was fired/dismissed.

[NCjack]

9. Probably Hope Hicks. She saw the "no collusion" facade

stripped away. Now is the time to rush to get in line.

[FakeNoose]

15. I used to think she was in on it, but now I'm not so sure

It seems more that Hope Hicks was shielded from any real knowledge of what was going on during the campaign and the transition period. She may have seen some of the cover-up activity once Cheeto was in office, but she doesn't seem very bright. It took her way too long to figure out what was really going on.

That's my intuition, that Cheeto wanted to keep her out of it as much as possible, but he needed her to read him the emails. Sometimes she would plant deflection stories for him in the media, at his direction.

[Hortensis]

11. THIS I didn't realize: Trump may fire Mueller, but he can't fire Mueller's grand jury.

Senate Republicans blocked the so-called Mueller protection bill this week, with Majority Leader Mitch McConnell calling the legislation “a solution in search of a problem.” But even if President Trump does fire special counsel Robert S. Mueller III, he can’t fire the federal grand jury involved in Mueller’s investigation.

According to the Supreme Court, grand juries occupy an independent constitutional niche. They exist on a border line between the judicial and executive branches, free from meddling by presidents and judges alike. Once a judicially appointed replacement prosecutor were in place, the Mueller grand jury could continue without missing a beat....

... Rule 6 provides that, once a federal judge has empaneled a grand jury for its maximum term of 18 months, with a possible extension of six months, no one except the convening judge can disband it. Although federal grand juries are supervised by federal judges to assure that they act in accordance with law, no one can interfere with a grand jury’s independent consideration of admissible evidence, or its decision whether to vote to indict. Not the cooperating prosecutor. Not the supervising federal judge. Not even the president.

... So President Trump lacks the power to disband a federal grand jury, and there is even an independent mechanism for replacing Mueller, should the president or his acting attorney general move to upend the investigation by firing the special counsel. The judge who is supervising the grand jury — Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia — would have ample power to defend its integrity and independence by immediately appointing a new prosecutor who could take his place.

https://www.latimes.com/opinion/op-ed/la-oe-neuborne-mueller-grand-juries-20181129-story.html

There's more in the opinion piece by Burt Neuborne. Federal judges usually exercise only powers Congress gives them. But Judge Howell could protect the Mueller grand jury without Congress, which is currently "missing in action." "Since 1882, the Supreme Court has recognized that federal judges possess inherent power to issue court orders barring government officials from acting in violation of the Constitution, and to do so without waiting for congressional authorization."

Would McConnell, who's refusing to protect Mueller from firing, remain missing if Judge Howell used her inherent authority to proceed independent of congress after Mueller was fired and the investigation halted? For sure the Republicans would would challenge her actions, in an attempt to slow proceedings down at very least.

This is yet another view into our systems, built up over centuries. Not perfect, but very thoughtfully constructed and damned impressive.

[FakeNoose]

16. Yes the federal judges could end up being heroes in this story

I believe that judges are more able to separate themselves from party politics, most of the time. Of course there are exceptions, but we've seen stalwart judicial independence time and time again.

Good point Hortensis!

[Renew Deal]

12. As times goes on he's getting closer to the real bad guys

And I think that’s why the fights are getting bigger.

[blm]

13. Jeff Sessions is my guess. It's the only way out for him.

.

[sharedvalues]

14. Josh Gerstein at Politico is a reliable source.

[juxtaposed]

17. what about reince priebus

[intheozone]

19. I'm guessing the witness is either Sessions or Pence. nt

[Grasswire2]

20. this man who requested the filing wasn't recognizable?

Was it an attorney for someone?

Or did the reporter just not know?

[allgood33]

21. Roger Stone is the only person I know of outside of Corsi who said he would never testify against 45

To me, that means he will either lie or take the 5th.