Prosecutors stressed in a court filing Thursday that the government still needs the testimony of Andrew Miller — a former aide to Roger Stone who has challenged a grand jury subpoena issued last year by special counsel Robert Mueller — for the purposes of an “ongoing criminal investigation” in D.C.
The court filing did not say who the target of that investigation was or what it pertained. However, Stone’s own attorneys in a court filing in his case last week revealed that he has been investigated by the FBI for several offenses he is not currently charged with, including wire fraud and violating a foreign contributions ban.
The Thursday filing in Miller’s case was a request by the prosecutors that an appellate court not put on pause its previous ruling upholding the subpoena while Miller appeals the decision to the Supreme Court. Miller’s lawyer Paul Kamenar (pictured above) is requesting that the court does put the ruling on pause.
“Delaying his testimony… would delay an ongoing criminal investigation, to the detriment of the government and the public at large,” the prosecutors said.
Later on in the filing, prosecutors implicitly rebutted claims by Miller that his testimony was no longer needed because Stone had already been indicted.
“Contrary to Miller’s suggestion,” prosecutors said, while referencing the page numbers in a Miller filing making that claim, “the government has a continued need for his testimony, which concerns an ongoing investigation that is now being handled by the U.S. Attorney’s Office for the District of Columbia.”
Stone so far has been charged with seven counts, including false statements and witness tampering. He has pleaded not guilty.
In a court filing Friday, in which Stone requested that the evidence from various search warrants be suppressed in his case, he said that the warrants alleged that the FBI “was investigating various crimes at different times, such as Stone for accessory after the fact, misprision of a felony, conspiracy, false statements, unauthorized access of a protected computer, obstruction of justice, witness tampering, wire fraud, attempt and conspiracy to commit wire fraud, and foreign contributions ban.”
Read Thursday’s filing in the Miller case below:
