D.C. Circuit affirms contempt order against associate of Roger Stone
A federal appeals court in Washington unanimously affirmed the validity of special counsel Robert S. Mueller III’s appointment Tuesday, rejecting a challenge brought by an associate of President Trump’s embattled longtime adviser Roger Stone.
Miller was held in contempt by a lower-court judge after failing to appear before the grand jury as part of Mueller’s investigation into Russian interference in the 2016 presidential election.It was not immediately clear whether the ruling from a three-judge panel would prompt Miller to agree to testify. Miller’s attorney, Paul Kamenar, said Tuesday he is disappointed with the decision and considering whether to ask the full D.C. Circuit to rehear the case or go directly to the Supreme Court.
The judges — Karen LeCraft Henderson, Judith W. Rogers and Sri Srinivasan — rejected Miller’s argument that Mueller was named to the post unlawfully. The court said the appointment is valid in part because Mueller is supervised by the attorney general and “effectively serves at the pleasure of an Executive Branch officer” confirmed by the Senate.
Kamenar acknowledged, though, that prosecutors might want his client’s testimony as they investigate others.
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