Federal prosecutors on Thursday argued they want to hear from Roger Stone associate Andrew Miller and opposed a request to stay an order holding him in contempt for refusing to testify before a grand jury.
In a filing in the D.C. Court of Appeals, the prosecutors indicated that special counsel Robert Mueller’s grand jury remains active and Miller should appear before it.
{mosads}“Contrary to Miller’s suggestion, the government has a continued need for his testimony, which concerns an ongoing investigation that is now being handled by the U.S. Attorney’s Office for the District of Columbia,” the document reads, in an apparent reference to Stone’s case.
Miller had cited Stone’s indictment earlier this year in arguing that his own testimony is no longer needed. He said he would ask the Supreme Court to take up his case.
But the prosecutors on Thursday cast doubt on the possibility of the justices actually agreeing to review his case, writing that “every judge” who has considered Miller’s position so far has rejected his arguments.
Miller has argued that Mueller’s appointment was unconstitutional because he was appointed by then-Deputy Attorney General Rod Rosenstein and was not approved by Congress.
The appeals court had ruled against Miller, finding that Rosenstein was effectively acting as the attorney general after then-Attorney General Jeff Sessions recused himself from the Russia investigation, and that Mueller’s appointment didn’t need congressional approval.
In Thursday’s court filing, the prosecutors urged the court to not issue the stay for Miller.
And they disputed Miller’s arguments that appearing before the grand jury would cause irreparable harm as it would require him to miss work and incur travel costs, saying he would receive a witness fee and be reimbursed for his travel.
“The public’s interest in swift justice far outweighs any inconveniences that Miller faces. Miller’s motion to stay the mandate should be denied,” the filing reads.
Miller has been fighting the subpoena since it was issued roughly a year ago. He is one of a number of Stone associates who were requested to testify before the grand jury.
Stone was indicted earlier this year on several charges coming out of Mueller’s probe, including making false statements to Congress, impeding a congressional investigation and witness tampering.
He has pleaded not guilty to the charges and will go to trial in November.
Feds opposition to Miller’s request for stay by Jacqueline Thomsen on Scribd