George Papadopoulos, the former Trump campaign adviser who pleaded guilty to lying to the FBI about his contacts with Russians, has asked a federal judge to delay his prison sentence until a constitutional challenge to the appointment of special counsel Robert Mueller is decided.
Papadopoulos is set to begin his two-week prison sentence Nov. 26, according to a motion filed Friday.
Papadopoulos was told by a Maltese professor in London in 2016 that the Russians had damaging information on Democratic presidential nominee Hillary Clinton. He told an Australian diplomat about the conversation, who then told American officials, initiating an investigation into President Trump’s campaign and Russia.
Lawyers for the former campaign aide said a case before a panel for the U.S. Court of Appeals for the D.C. Circuit that challenges the constitutionality of the appointment of Mueller could invalidate Papadopoulos’ conviction.
That case involves a former assistant to Roger Stone, a longtime Trump adviser. The assistant, Andrew Miller, has refused to comply with a subpoena to testify to Mueller’s grand jury, arguing that Mueller’s authority is too broad, there’s not enough oversight from the Justice Department, and that Mueller needed Senate confirmation.
In asking for a delay, Papadopoulos’ lawyers said their client does not pose a flight risk or a danger to the community.
“Mr. Papadopoulos waived this right to appeal [when he pleaded guilty], but he did not waive all rights to challenge a conviction unconstitutionally obtained,” his lawyers said. “If the entire apparatus that prosecuted Mr. Papadopoulos lacked authority to do so because it is deemed unconstitutional, such a motion would be granted, and his condition would be reversed.”
In recent months, Papadopoulos has alleged he was set up by Western intelligence agencies.
