A federal appeals court in Washington on Monday rejected a challenge to special counsel Robert Mueller Robert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE’s appointment that was brought by Roger Stone Roger Jason StoneThe agony of justice Our Constitution is under attack by Attorney General William Barr Justice IG investigating Stone sentencing: report MORE associate Andrew Miller.

"Because the Special Counsel is an inferior officer, and the Deputy Attorney General became the head of the Department by virtue of becoming the Acting Attorney General as a result of a vacancy created by the disability of the Attorney General through recusal on the matter, we hold that Miller’s challenge to the appointment of the Special Counsel fails,” Judge Judith Rogers wrote in the U.S. Court of Appeals for the D.C. Circuit's unanimous opinion.

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The court also upheld a district court order holding Miller in contempt for refusing to testify before the grand jury in Mueller’s investigation into Russian meddling in the 2016 presidential election and possible collusion with the Trump campaign.

In appealing the district court ruling, Miller argued Mueller's appointment was unlawful under the Appointments Clause of the Constitution.

He claimed the special counsel is a principal officer who was not appointed by the president with the advice and consent of the Senate; Congress did not “by law” authorize the special counsel’s appointment; and the special counsel was not appointed by a “head of Department.”

Following then-Attorney General Jeff Sessions Jefferson (Jeff) Beauregard SessionsGOP set to release controversial Biden report Trump's policies on refugees are as simple as ABCs Ocasio-Cortez, Velázquez call for convention to decide Puerto Rico status MORE's recusal from the Russia investigation, Deputy Attorney General Rod Rosenstein Rod RosensteinDOJ kept investigators from completing probe of Trump ties to Russia: report Five takeaways from final Senate Intel Russia report FBI officials hid copies of Russia probe documents fearing Trump interference: book MORE was acting as head of the department when he appointed Mueller, the court said.

Stone, for whom Miller worked, was recently indicted on seven charges stemming from Mueller’s investigation, including obstruction of a congressional inquiry, witness tampering and five counts of making false statements to Congress. He has pleaded not guilty.