Roger Stone associate Andrew Miller will testify to a grand jury in the Mueller investigation or face the possibility of going to jail, the DC Circuit Court of Appeals ruled on February 26th, 2019. The ruling is seen as an endorsement of Mueller’s authority; Miller will be held in contempt of court and jailed for refusing to testify under Mueller’s subpoena.
Miller’s challenge to the subpoena tested whether Mueller could call witnesses to a grand jury and take other prosecutorial steps. The appeals court said that Mueller was legally appointed by Deputy Attorney General Rod Rosenstein as special counsel in May 2017 and has conducted a grand jury investigation that is within his authority.
Miller’s attorney said in a statement, “We are disappointed with the decision and will be considering future legal action, whether before the full court of appeals or the Supreme Court.