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Roger Stone aide Andrew Miller loses effort to quash Mueller subpoenas as ‘unconstitutional’

August 3, 2018

Andrew Miller, an associate of President Trump’s former adviser Roger Stone, has been compelled by a D.C. federal court judge to comply with a pair subpoenas issued as part of the special counsel Robert Mueller’s probe into the 2016 race, his attorney said Thursday.

In a partially redacted 93-page opinion, U.S. District Chief Judge Beryl Howell ruled against quashing subpoenas seeking documents and testimony from an unnamed witness identified by his lawyer as Mr. Miller, an assistant to Mr. Stone during the 2016 campaign, rejecting challenges concerning the constitutionality of Mr. Mueller’s status as special counsel.

“The witness raises legitimate questions, but his concerns are not legally sustainable. The scope of the Special Counsel’s power falls well within the boundaries the Constitution permits, as the Special Counsel is supervised by an official who is himself accountable to the elected President,” Judge Howell wrote in the ruling.

“Multiple statutes authorize the Special Counsel’s appointment, and the official who appointed the Special Counsel had power to do so,” she added. “Consequently, the witness is ordered, pursuant to the grand jury subpoenas served by the Special Counsel, to appear before the grand jury to provide testimony at the earliest date available to the grand jury, and to complete production of the subpoenaed records promptly.”

Paul Kamenar, Mr. Miller’s attorney, said he was “disappointed” in the decision and may appeal, USA Today reported.

Mr. Miller reportedly helped coordinate media interviews for Mr. Stone during his stint stumping for Mr. Trump in 2016, and previously the two worked together on the failed 2010 New York gubernatorial campaign mounted by the so-called “Manhattan Madam” Kristin Davis in 2010.

Mr. Mueller is investigating Russia’s involvement in that race on behalf of the Justice Department, and at least seven witnesses interviewed by his office said they were questioned about Mr. Stone, a former adviser to the Trump campaign with admitted links to Moscow’s election interference.

A longtime Republican lobbyist and strategist, Mr. Stone told The Washington Times last year that he communicated during the 2016 race with Guccifer 2.0, a Twitter account operated by Russian intelligence officers accused of meddling in the election, according to U.S. officials. He separately claimed to be in touch with WikiLeaks publisher Julian Assange, raising questions given the latter’s publication of stolen Democratic Party documents released prior to Mr. Trump’s election.

Ms. Davis sat for a voluntary interview with Mr. Mueller’s office on Wednesday this week, CNN reported Friday, citing multiple individuals familiar with the matter. Her attorneys declined to comment, the report said.

“She knows nothing about Russian Collusion, WikiLeaks collaboration or any other impropriety related to the 2016 election which I thought was the subject of this probe. I understand she appeared voluntarily. I am highly confident she will testify truthfully if called upon to do so,” Mr. Stone told CNN.

Mr. Stone has denied having advance knowledge of any documents released by WikiLeaks. He has not been charged with any crimes related to the Russia probe.

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