The DC Circuit has just released its briefing schedule for Andrew Miller’s appeal of his subpoena to appear before Mueller’s grand jury. The hearing in that appeal will be sometime after the matter is fully briefed on October 9. Altogether, Miller will have stalled his testimony for five months by then.
That means Mueller will have been pursuing evidence against Roger Stone, as the most visible evidence of the ongoing investigation, for six months.
As a reminder, here are some things that Mueller appears to be investigating, and here’s what we can learn about the investigation from Stone’s latest lies.
- February 22: Sam Nunberg questioned by Mueller’s team
- March 9: Mueller obtains a warrant for 5 AT&T phones (and probably a similar number of Verizon ones)
- March 9: Sam Nunberg appears before grand jury
- March 27: Ted Malloch stopped at Logan airport, questioned about Stone and Wikileaks, devices seized, subpoenaed to appear before grand jury on April 13 (the grand jury appearance was rescheduled or canceled)
- May 2: Michael Caputo interviewed by Mueller team; among the topics discussed was outreach by “Henry Greenberg” to deal dirt on Hillary Clinton to Stone
- May 9: FBI interviews Andrew Miller at his home for 2 hours, then hand him subpoena
- May 10: Mueller subpoenas Andrew Miller for documents and testimony, Miller agrees to meet voluntarily with Mueller’s team
- May 11: Alicia Dearn contacts Mueller and says Miller is no longer willing to appear
- May 14: Mueller’s team contacts Dearn to inquire about her representation of Miller; she does not return the call
- May 18: John Kakanis reportedly subpoenaed after having been interviewed by Mueller’s team
- May 18: Miller blows off a May 18 appearance before the grand jury; Dearn’s employee says Dearn will contact Mueller’s team on May 21
- May 21: Dearn blows off promised call to Mueller’s team
- May 23: Mueller’s team emails Dearn a second set of subpoenas, to appear on June 1
- May 25: Stone says 8 associates have been asked for testimony
- May 25: Mueller’s team follows up on subpoenas; Dearn asks for more time to comply “given the volume of responsive documents;” Mueller agrees to adjourn document production to June 5 and appearance to Jun 8
- May 31: Mueller contacts Dearn to confirm appearance; Dearn complains about “patently irrelevant” responsive materials; Mueller agrees to exclude those materials
- June 1: Jason Sullivan appears before grand jury
- June 5: Mueller emails new subpoenas reflecting the June 5 production date and June 8 appearance
- June 6: Mueller emails Dearn to confirm appearance and arrange for travel
- June 8: Miller blows off grand jury appearance
- June 11, 8:50AM and 2:15PM: Mueller emails Dearn and asks for immediate contact, warning that Special Counsel would move towards contempt
- June 12, 9:07AM and 2:15PM: Dearn twice says she’ll provide correspondence within an hour but does not
- June 13: Mueller moves to compel
- June 14: Miller filed opposition purporting to be a motion to quash
- June 18: At hearing on motion to quash, court orders Miller to provide limited set of documents and to appear on June 29
- June 28: Miller retains Paul Kamenar, paid by the National Legal and Policy Center, who challenges subpoenas as challenge to Appointments Clause, borrowing argument from Concord Management motion
- June 29: At status hearing in Miller challenge, Kamenar adds another challenge, that Mueller was appointed by “Head of Department”
- July 18: Hearing on Miller challenge, attended by 5 Mueller lawyers, with follow-up briefing
- July 31: Chief Judge Beryl Howell rules that Miller must testify ASAP
- August 1: Kristin Davis interviewed by Mueller team; investigators express an interest in having her appear before grand jury
- August 3: Dabney Friedrich entertains ignoring DC Circuit and SCOTUS precedent to rule for Concord Management’s challenge of Mueller’s authority, with Kamenar watching; Concord lawyer Eric Dubelier suggests conspiracy in the timing of Howell’s ruling
- August 9: Miller moves to be held in contempt
- August 10: Kristin Davis appearance before grand jury
- September 7: Scheduled grand jury appearance of Randy Credico; Andrew Miller brief due before DC Circuit
- September 14: Jerome Corsi grand jury appearance
- September 28: Government brief due in DC Circuit appeal of Andrew Miller subpoena
- October 9: Miller reply due in DC Circuit
As I disclosed last month, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post.