From the sound of things, Andrew Miller worked as some kind of executive assistant for Roger Stone, helping him book media appearances and handling email that came in unsolicited to his website. The special counsel’s investigators want him to appear before a grand jury and he has refused to comply, leading to a contempt of court ruling being issued today by a district court judge.
There are some interesting facets to this development. To begin with, when he was first approached by Mueller’s investigators, Miller complied and sat with them for a brief meeting without raising any legal objections or concerns. He also agreed to come back for a longer and more formal interview. But then outsiders intervened.
An organization called the National Legal and Policy Center, chaired by Peter Flaherty, stepped up with an offer to pay Miller’s legal fees. Lawyers got involved, including Alicia Dearn and Paul Kamenar. Dearn appears to be former counsel to Libertarian presidential candidate Gary Johnson and a losing candidate for the 2016 vice-presidential slot on the Libertarian Party’s slate. Kamenar works for the Federalist Society.
They contend that their client does not have to submit to Mueller’s grand jury request because his inquiry is unconstitutional. They actually welcomed having Mr. Miller cited for contempt and plan to appeal it all the way to the Supreme Court (if necessary).
Miller’s lawyer Paul Kamenar said after the hearing that Miller was “held in contempt, which we asked him to be in order for us to appeal the judge’s decision to the court of appeals.”
Howell stayed her order while Miller’s legal team appeals the judge’s decision.
Miller lost a court battle earlier this month to quash a subpoena, after Howell issued a 93-page opinion saying Miller must testify before the grand jury.
Kamenar said he believes Miller’s challenge could ultimately rise to the Supreme Court.
In the interim, Mr. Miller suddenly decided that he wanted a grant of immunity:
Miller had asked for “some grant of immunity” regarding financial transactions involving political action committees for which he assisted Stone, according to Alicia Dearn, an attorney for Miller.
On that issue, Miller “would be asserting” his Fifth Amendment right to refuse to answer questions, Dearn said.
According to court documents, the special counsel wants to question Miller about his knowledge of Stone’s relationship with Julian Assange and WikiLeaks, as well as with Russian military intelligence fronts DCLeaks and Guccifer 2.0. They must be hot on the trail of something, and I suspect they already know many of the answers to the questions they have for Miller.
To say the least, it’s not helpful to Trump or Stone to have headlines like: Judge holds Roger Stone associate in contempt for refusing to testify in Russia investigation in the Washington Post, so whatever they’re hiding must be far worse. It looks like Miller has become a pawn in a much larger game, and he’s probably thrown in with the wrong side.
Is that larger game to indeed get this to the Supreme Court because the National Legal and Policy Center is betting the Court’s make up by then will find in the majority that the overall inquiry unconstitutional, therefore saving the whole cabal?
I know that borders on tin hat conspiracy-level shit, but sounds like the very case Kavanagh, or any Federalist, has been bred for.
Yep
https://talkingpointsmemo.com/livewire/grassley-announces-kavanaugh-hearings-to-begin-sept-4
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) announced Friday that confirmation hearings for Supreme Court nominee Brett Kavanaugh will begin on Sept. 4, the day after Labor Day. Grassley said he expects the hearings to last three to four days.
‘Tinfoil’ my royal Irish arse.
It’s the William-of-Ockham-approved explanation
The whole thing has ‘test case’ tattooed on its forehead.
And Kavanaugh has has ‘…king can do no wrong, time-honored common-law tradition, something, something, distinguish Jones v. Clinton, US v. Nixon wrongly decided, blah, blah” sitting on his hard drive for a year and a half.
If the GOP loses one House of Congress, expect a lot of young Federalist Society studs proving that the White House not only can go tell Justice to pound sand, but that Congress, its supoena power, and contempt of Congress all has to go, too.
Because unitary-executive-co-equal-branches-yadda-yadda.
Nixon’s ghost is saying to himself “If only I were alive to take advantage of this.
I don’t think this is tin-foil hat conspiracy thinking at all. I think it’s right on the money. It’s become pretty clear why the Dotard chose Kavanagh in the first place.
So, is this PAC Cohen’s source of money to pay the hackers?
Thanks, Booman, for this very useful post and your insight that what the Roger Stone team must be hiding must be pretty bad. It looks as those Mueller is getting close tot he heart of the conspiracy, if he isn’t there already.
Technically, I think the appeal would have to be of Judge Howell’s 93-page opinion holding that Miller has to testify, not to the contempt order as a free-standing appeal. All that is necessary for a finding of contempt is a valid order and noncompliance with the order. Based on those criteria, I think a challenge to the finding of contempt would fail.
Never underestimate the Roberts Court’s ability to find a pretext when needed.
Outcome-based jurisprudence. Hand-tailored, bespoke opinions for the client who can afford the best.
. . . bald-faced lie from a SCOTUS nominee in confirmation hearings?
Timing is bothersome. From all accounts the heat is being turned up on Stone and it would have been nice to see Mueller file an indictment against him before the 60 day DoJ policy came into effect.
But the word coming down that Randy Credico, longtime Stone association has been subpoenaed to testify the first week of September looks like that might quash that.
With Trump’s farcical lawyers taking over Hannity’s show today there’s no doubt that Trump’s team recognizes the only hand they can play is public opinion.
If this makes its way to the Supreme Court, that’s the shooting match, isn’t it? I’m trying to keep the shrill hypotheticals to a minimum, but I don’t see a way this court makes the right call.
No, it isn’t.
This is a politicized court, but it is STILL a court and these are STILL judges.
I would refer you to the most politized judge prior to Gorsuch:
“but it isn’t about me”.
No matter how right wing, politicized you are … you are still a judge and there’s nothing anyone can do about it until you shoot someone on Madison Ave during rush hour.
Judges DON’T LIKE IT when you ignore them.
And by the way, the sky is not falling.
Thomas, Gorsuch, and Kavanaugh would vote to kill it for sure. Alito I’d guess would join if Roberts joined, but not sure where he would vote. Alito is a “vote for most regressive possible outcome” but he’s not a martyr like Thomas who will go at stuff alone.
I don’t think Roberts would join them, though.
Miller’s argument is pure, unadulterated bullshit. Let’s all take a deep breath and read this.