Criminal Justice & the Rule of Law

Document: D.C. Circuit Rejects Andrew Miller's Subpoena Challenge

Lev Sugarman
Tuesday, February 26, 2019, 10:41 AM

On Tuesday, the U.S. Court of Appeals for the D.C. Circuit rejected former Roger Stone associate Andrew Miller’s challenge to a grand jury subpoena issued in the course of the the special counsel’s investigation. Miller had argued that the subpoena was invalid because Robert Mueller’s appointment as special counsel was unlawful. The three-judge panel of Judges Judith Rogers, Sri Srinivasan and Karen Henderson unanimously affirmed a district court ruling that held Miller in civil contempt after he refused to comply with the subpoena.

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On Tuesday, the U.S. Court of Appeals for the D.C. Circuit rejected former Roger Stone associate Andrew Miller’s challenge to a grand jury subpoena issued in the course of the the special counsel’s investigation. Miller had argued that the subpoena was invalid because Robert Mueller’s appointment as special counsel was unlawful. The three-judge panel of Judges Judith Rogers, Sri Srinivasan and Karen Henderson unanimously affirmed a district court ruling that held Miller in civil contempt after he refused to comply with the subpoena. The full opinion, written by Judge Rogers, is available below.


Lev Sugarman is an intern at Lawfare and a research intern at the Brookings Institution focusing on national security law. He is a senior in the School of Foreign Service at Georgetown University.

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