Chicagoan George Papadopoulos is asking a federal judge in Washington to delay his prison term, until a DC appeals court renders an opinion on the status of special counsel Robert Mueller.
Papadopoulos pleaded guilty to making false statements to the FBI, in connection with the ongoing probe of Russian meddling in the 2016 presidential election. He was due to begin serving 14 days in prison November 26th.
In a motion filed today in the federal court in Washington, Papadopoulos cited a current case challenging the constitutionality of Mueller’s appointment.
“If the appeal is successful, then the Special Counsel lacked the constitutional authority to prosecute Mr. Papadopoulos in the first instance,” his attorney Michael Hatley wrote. “A modest stay of his incarceration pending the outcome of that appeal should be granted.”
Hatley further argues that Papadopoulos does not pose a risk of flight, or a danger to the community.
“Mr. Papadopoulos has fully complied with all of the conditions of his release,” he said. “And has appeared faithfully for every court appearance and for several interviews with the government.”