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A federal judge denied two motions to delay the prison sentence of George Papadopoulos on Nov. 25, scuttling an eleventh-hour attempt to pin the former Trump-campaign volunteer’s fate to a decision in a separate case concerning the legality of the appointment of special counsel Robert Mueller.
U. S. District Judge Randolph Moss issued the ruling ( pdf) one day before Papadopoulos was scheduled to surrender to prison authorities to serve a 14-day sentence for lying to the FBI.
Papadopoulos filed a pair of motions on Nov. 16 and Nov. 25 to continue his bail and delay his surrender to authorities. In both requests, Papadopoulos argued that a delay is in order pending a decision on the constitutionality of Mueller’s appointment being heard by the D. C. Circuit Court of Appeals.
In the D. C. Circuit case, an appeal argues that Mueller’s appointment violates the Constitution’s Appointments Clause, which requires that principal officers be appointed by the president and confirmed by the Senate. Papadopoulos, who was indicted and prosecuted by Mueller’s team, asserted that a decision in the D. C. case may end up reversing his conviction and sentencing.
The special counsel is investigating allegations of collusion between the Trump campaign and Russia, as well as related matters. Mueller has not charged any American for colluding with Russia.
Moss ruled, in part, that Papadopoulos filed the appeal too late, ridding him of rights afforded under The Bail Reform Act.