The ruling is a major win for special counsel Robert Mueller and his investigation into Russian meddling in the 2016 presidential election. | Andrew Burton/Getty Images Judge rejects latest bid to invalidate Mueller probe

A federal judge on Thursday rejected the latest challenge to special counsel Robert Mueller's authority, marking another legal win for Mueller as he defends his right to investigate Russian interference in the 2016 election.

Andrew Miller, a longtime aide to Trump confidant Roger Stone, had brought the challenge that was rejected on Thursday.


"The scope of the Special Counsel’s power falls well within the boundaries the Constitution permits," ruled Judge Beryl Howell, who sits on the U.S. District Court in Washington, D.C.

Miller was pushing back on a string of subpoenas issued by Mueller’s team seeking documents and testimony in connection with Mueller's probe.

The ex-Stone aide is just the latest to question the special counsel’s authority. Former Trump campaign chairman Paul Manafort also filed a civil lawsuit — that has since been dismissed — in a bid to halt Mueller’s investigation of him. And lawyers representing a Russian company that Mueller indicted for its connection to a Kremlin-linked online troll farm accused of targeting the American elections have also challenged the special counsel’s jurisdiction.

After Thursday’s ruling, Miller’s legal team said it would consider an appeal.

“We’re obviously disappointed with the decision, but it’s clear the judge took our challenge to Mueller’s constitutionality seriously by her lengthy opinion and we are exploring ways to appeal that decision," said Miller’s attorney, Paul Kamenar.

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Mueller issued two subpoenas for Miller's documents and testimony on May 10, and Miller was initially expected to testify voluntarily on May 14. But three days beforehand, one of his attorneys told Mueller that Miller no longer wished to appear that day. Miller also didn't appear on May 18, when one of the subpoenas require he testify.

On May 23, Mueller's office issued another set of subpoenas and ultimately granted Miller until early June to comply. After more wrangling over producing documents and the timing of Miller's testimony, the political influencer again skipped his scheduled testimony.

By the end of June, Miller had retained another attorney who sought to quash Mueller's subpoenas and argued that Mueller’s appointment was unconstitutional.

But Howell on Thursday rejected that contention, noting that Mueller's was appointed by Deputy Attorney General Rod Rosenstein, who was acting as the top official at the Justice Department after Attorney General Jeff Sessions recused himself from investigations related to Russian election interference.

Miller's attorneys also argued that Mueller appeared to be acting as a "principal officer" — a position that would require Senate confirmation — thus making his appointment invalid. But Howell ruled that Justice Department leaders have near total authority to supervise and direct Mueller.

"The Attorney General’s powers to define altogether the scope of a Special Counsel’s authority and rescind such authority at will give the Attorney General the effective power to oversee, supervise, and countermand a Special Counsel in exercising such authority," Howell ruled.

Because Sessions is recused from the matter, that authority falls to Rosenstein.