An associate of 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 who is refusing to comply with a subpoena to appear before 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 grand jury said in a court filing Monday that he intends to ask the Supreme Court to take up his case challenging Mueller's appointment.

Andrew Miller requested in a court filing on Monday that the U.S. Court of Appeals for the D.C. Circuit issue a stay on a previous ruling finding that he is in contempt for not complying with the subpoena while he makes his case to the high court.

"There can be no doubt that the questions Appellant wishes to present to the Supreme Court in his petition are not only 'substantial' but ones of exceptional importance,” the filing reads.

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Miller has been held in civil contempt for refusing to comply with a subpoena for his testimony before Mueller’s grand jury. He has been fighting that subpoena since it was issued in 2018.

Miller argues that Mueller’s appointment was in violation of the Appointments Clause of the Constitution. That clause requires individuals for certain positions to either be nominated by the president and confirmed by the Senate, authorized by Congress under law or tapped by the head of a federal department.

Mueller was appointed as special counsel by 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 after 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 recused himself from the investigation into Russian interference in the 2016 presidential election.

A federal appeals court unanimously rejected Miller's argument earlier this year and upheld the court order finding him in contempt.

Stone — an ally of President Trump Donald John TrumpBiden on Trump's refusal to commit to peaceful transfer of power: 'What country are we in?' Romney: 'Unthinkable and unacceptable' to not commit to peaceful transition of power Two Louisville police officers shot amid Breonna Taylor grand jury protests MORE's — was indicted earlier this year on several charges stemming from Mueller's probe, including making false statements to Congress, impeding a congressional investigation and witness tampering. He has denied any wrongdoing and will go to trial on the charges in November.

Miller's filing on Monday also points to Stone's indictment as rendering Miller's testimony unnecessary.

"In short, either the government apparently has no genuine need for Mr. Miller’s grand jury testimony or it will be not be prejudiced during a short stay of the mandate," it states.

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