WASHINGTON (AP) — A former aide to Trump confidant Roger Stone has agreed to testify this week before a grand jury initially used in special counsel Robert Mueller’s Russia investigation, his attorney said Wednesday.

Andrew Miller, who has fought the subpoena for nearly a year, is scheduled to appear Friday before a grand jury in Washington. The decision to testify comes after an appeals court rejected Miller’s challenge of Mueller’s authority and a federal judge on Wednesday denied his last effort to avoid going before the grand jury.

Mueller initially sought Miller’s testimony as part of his investigation of Stone, who was arrested earlier this year and charged with lying to Congress, witness tampering and obstruction. That investigation has continued after Mueller issued his final report and handed off the case to the U.S. Attorney’s Office in the District of Columbia.

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Miller’s agreement to testify, first reported by CNN, came after a hearing Wednesday in which U.S. District Judge Beryl Howell sided with prosecutors from Mueller’s office.

Miller attorney Paul Kamenar had argued that prosecutors no longer needed Miller’s testimony and couldn’t use the grand jury to gather information about Stone’s already public case. But after a sidebar with Mueller team member Aaron Zelinsky, Howell upheld the subpoena.

The judge did not provided further details other than noting that even after prosecutors bring an indictment, they can continue to use a grand jury to bring additional charges not already made public, Kamenar said.

Prosecutors have not shared what they plan to ask Miller or whether it relates to Stone or any others, Kamenar said. ___