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Court Orders Mueller To Identify Impact Acting AG Will Have On Case

Andrew Miller is fighting a subpoena from Mueller to testify before a grand jury. How the special counsel was appointed is central to his case.
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There's been a lot of speculation about how Jeff Sessions' ouster will affect Robert Mueller's investigation. And now Mueller and his team have to weigh in on that question themselves. 

That response will come in connection to a case filed by former Roger Stone aide Andrew Miller. He's fighting a subpoena from Mueller to testify before a grand jury. 

Miller's attorneys argue the special counsel's appointment is invalid because it was done by the deputy attorney general Rod Rosenstein, not Jeff Sessions. 

So the judges from U.S. Court of Appeals in D.C. ordered both sides to submit briefs explaining what effect, if any, the designation of an acting attorney general will have on their cases. Both sides have till Nov. 19 to turn in their briefs. 

Additional reporting from Newsy affiliate CNN