Andrew Miller will testify before the Grand Jury at 11:00 AM today. Miller’s appearance follows a nearly year-long court battle over the Constitutionality of the appointment former Special Counsel, Robert Mueller.
On Tuesday, May 28, 2019 Miller’s legal challenge was remanded from the D.C. Circuit to the District Court following its February 26, 2019 ruling rejecting the argument.
Miller’s attorney, Paul Kamenar, made a final attempt to quash Miller’s subpoena on the grounds that since Mueller’s investigation is over, and Roger Stone has been indicted, it would be improper under Department of Justice policy and precedent to use the Grand Jury to obtain pre-trial evidence on someone already indicted.
The exception to that rule is if the government is seeking to indict the defendant on other crimes or that were other possible targets for which evidence was needed – opening the door for compelling testimony.
After hearing the prosecutor explain in secret to the Court at the hearing, it was satisfied the Grand Jury would not be abused.
Following the Grand Jury appearance, Kamenar and Miller will make a statement to the media about the appearance and their Constitutional challenge to the Special Counsel.
The National Legal and Policy Center (NLPC) has been supporting Miller’s challenge since and is also litigating a FOIA lawsuit seeking to have DOJ release a 2-page secret memo as to why Mueller was given a retroactive waiver of a conflict of interest.
NLPC Chairman Peter Flaherty stated, “Andrew’s refusal to testify all along was to make possible the Constitutional challenge. In order to allow for a series of appeals, Miller had to be held in Contempt of Court for failing to appear. This involved the risk of incarceration and a great deal of personal courage. All those who wished to see the challenge carried forward owe Miller a debt of gratitude.”