WASHINGTON (AP) — A grand jury witness in special counsel Robert Mueller's investigation is asking an appeals court to determine whether he still needs to testify now that the Russia investigation has concluded.
An attorney for Andrew Miller, a former aide to Trump confidant Roger Stone, made the request Friday in a filing before the U.S. Court of Appeals for the District of Columbia nearly three weeks after Mueller turned in his final report.
Miller had challenged his grand jury subpoena, arguing that Mueller's appointment was unconstitutional. But a three-judge panel of the court upheld the appointment and a contempt order in his case earlier this year.
Miller attorney Paul Kamenar says he will take the fight to the Supreme Court if the government still pursues his client's testimony.