Stone associate to ask Supreme Court to take up challenge to Mueller's appointment

Stone associate to ask Supreme Court to take up challenge to Mueller's appointment

An associate of Roger StoneRoger Jason Stone3 real problems Republicans need to address to win in 2020 Judge rejects Stone's request to dismiss charges Judge dismisses DNC lawsuit against Trump campaign, Russia over election interference MORE who is refusing to comply with a subpoena to appear before special counsel Robert MuellerRobert (Bob) Swan MuellerLewandowski says Mueller report was 'very clear' in proving 'there was no obstruction,' despite having 'never' read it Fox's Cavuto roasts Trump over criticism of network Mueller report fades from political conversation MORE’s grand jury said in a court filing Monday that he intends to ask the Supreme Court to take up his case challenging Mueller's appointment.

Andrew Miller requested in a court filing on Monday that the U.S. Court of Appeals for the D.C. Circuit issue a stay on a previous ruling finding that he is in contempt for not complying with the subpoena while he makes his case to the high court.

"There can be no doubt that the questions Appellant wishes to present to the Supreme Court in his petition are not only 'substantial' but ones of exceptional importance,” the filing reads.

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Miller has been held in civil contempt for refusing to comply with a subpoena for his testimony before Mueller’s grand jury. He has been fighting that subpoena since it was issued in 2018.

Miller argues that Mueller’s appointment was in violation of the Appointments Clause of the Constitution. That clause requires individuals for certain positions to either be nominated by the president and confirmed by the Senate, authorized by Congress under law or tapped by the head of a federal department.

Mueller was appointed as special counsel by Deputy Attorney General Rod RosensteinRod RosensteinLewandowski says Mueller report was 'very clear' in proving 'there was no obstruction,' despite having 'never' read it Nadler's House committee holds a faux hearing in search of a false crime House Democrats seeking Sessions's testimony in impeachment probe MORE after then-Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsPelosi: Lewandowski should have been held in contempt 'right then and there' Democrats bicker over strategy on impeachment McCabe says he would 'absolutely not' cut a deal with prosecutors MORE recused himself from the investigation into Russian interference in the 2016 presidential election.

A federal appeals court unanimously rejected Miller's argument earlier this year and upheld the court order finding him in contempt.

Stone — an ally of President TrumpDonald John TrumpTrump conversation with foreign leader part of complaint that led to standoff between intel chief, Congress: report Pelosi: Lewandowski should have been held in contempt 'right then and there' Trump to withdraw FEMA chief nominee: report MORE's — was indicted earlier this year on several charges stemming from Mueller's probe, including making false statements to Congress, impeding a congressional investigation and witness tampering. He has denied any wrongdoing and will go to trial on the charges in November.

Miller's filing on Monday also points to Stone's indictment as rendering Miller's testimony unnecessary.

"In short, either the government apparently has no genuine need for Mr. Miller’s grand jury testimony or it will be not be prejudiced during a short stay of the mandate," it states.

 

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