Roger Stone associate Andrew Miller will have to testify to a grand jury in special counsel Robert Mueller’s investigation or will go to jail, a three-judge panel at the DC Circuit Court of Appeals ruled Tuesday morning, in an endorsement of Mueller’s authority as a prosecutor.
Miller’s challenge had tested whether Mueller could call witnesses to a grand jury and take other prosecutorial steps. At least one other opponent in Mueller’s investigation, the Russian company Concord Management and Consulting, had closely watched Miller’s challenge, as a possible relief from its own criminal charge, which the company continues to fight.
The DC Circuit judges said that Rosenstein, who became acting attorney general following Attorney General Jeff Sessions’ recusal from the Russia probe, had the ability to appoint Mueller under the Constitution.
“Special Counsel Mueller effectively serves at the pleasure of an Executive Branch officer who was appointed with the advice and consent of the Senate,” the DC Circuit wrote in its 16-page opinion.
Circuit Judge Judith Rogers wrote the opinion on behalf of the panel, which also included judges Sri Srinivasan and Judge Karen Henderson.
