Feds claim 'continued need' for Stone associate's grand jury testimony

Feds claim 'continued need' for Stone associate's grand jury testimony
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Federal prosecutors on Thursday argued they want to hear from 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 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 MuellerRobert (Bob) Swan MuellerMueller report fades from political conversation Trump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony MORE’s grand jury remains active and Miller should appear before it.

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“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 RosensteinRod Rosenstein10 declassified Russia collusion revelations that could rock Washington this fall Why the presumption of innocence doesn't apply to Trump McCabe sues FBI, DOJ, blames Trump for his firing MORE 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 SessionsJefferson (Jeff) Beauregard SessionsDOJ should take action against China's Twitter propaganda Lewandowski says he's 'happy' to testify before House panel The Hill's Morning Report — Trump and the new Israel-'squad' controversy MORE 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