U.S. District Court Judge Randy Moss rejected a final effort by former Trump campaign foreign policy adviser George Papadopoulos to delay his brief federal prison sentence.
Just a day before Papadopoulos was scheduled to serve his 14-day sentence the judge identified that Papadopoulos’s legal arguments did not justify delaying the sentence he imposed in September.
As reported by Politico, when Papapdopoulos entered his guilty plea last year, he passed up the opportunity to challenge special counsel Robert Mueller’s authority and the legality of his appointment, but in a pair of motions last week, the former Trump campaign adviser tried to harness a pending appeal in another case where a grand jury witness is leveling a legal attack on Mueller’s power.
Papadopoulos decision not to appeal his sentence and his agreement not to do so under most circumstances, left him with no legal avenue to demand relief the Judge explained.
Papadopoulos “has failed to demonstrate that the D.C. Circuit is likely to conclude that the appointment of the Special Counsel was unlawful — and, indeed, he has failed even to show that the appeal raises a ‘close question’ that ‘very well could be decided’ against the Special Counsel,” Moss wrote.
Politico also noted, Moss identified that two of his colleagues on the district court bench in Washington, Chief Judge Beryl Howell and Judge Dabney Friedrich, have already rejected legal arguments that Mueller’s appointment ran afoul of the Constitution.
“If the ‘purpose of [Papadopoulos’s] motion [to continue bail] [is] frustrated,’ he has only his own delay to blame,” the judge wrote. “Papadopoulos has not identified any extenuating circumstances — nor is the Court aware of any — that would overcome the presumption against granting such an eleventh-hour stay.”