He argued — similar to Manafort — that Mueller lacks authority to call him before the grand jury, challenging his appointment. The district court judge ruled against him, setting up the contempt order.
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At the same time, in the Russian troll farm case, Concord Management and Consulting — the defendant who has responded to the charges — also challenged Mueller's authority and also lost at the district court. They moved last week to intervene in Miller's appeal.
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Miller did not oppose Concord's intervention, but the special counsel's office has not yet taken a position.
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Meanwhile, in Concord's case, it today filed a notice that it will be appealing the ruling against its challenge to Mueller's authority.pic.twitter.com/ApsdtrPvVU
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As I noted was likely coming, the special counsel's office tonight filed its opposition to Concord's motion to intervene in Andrew Miller's appeal of his contempt order for failing to appear before the grand jury. https://www.documentcloud.org/documents/4788194-Miller-v-USA-Opposition-to-Concord-Motion-to.html …pic.twitter.com/ztESWFZoMa
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Here was Concord's motion to intervene — https://www.documentcloud.org/documents/4788197-Miller-v-USA-Concord-Motion-to-Intervene.html … — and here was Miller's response:https://www.documentcloud.org/documents/4788196-Miller-v-USA-Miller-on-Concord-Motion-to-Intervene.html …
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And as
@joshgerstein noted, it appears special counsel's office did not see the notice of appeal filed today in Concord's criminal case.pic.twitter.com/BncmoPQRGS
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In addition to fighting Concord's sought intervention in Miller's appeal, DOJ also plans to fight Concord's interlocutory appeal, notice of which Concord filed earlier today —>pic.twitter.com/UmnCVlDyBt
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Replying to @chrisgeidner
Then wouldn’t it be a motion for interlocutory appreal rather than an appeal by notice, i.e., won’t the trial judge just deny it?
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I'm just not sure I get what they were thinking enough to say, and there's nothing at DC Circuit yet.
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