Jeremy Herb and Laura Robinson, CNN - Andrew Miller, a former associate of longtime Donald Trump confidante Roger Stone, did not appear for a scheduled grand jury hearing on Friday, defying a subpoena from special counsel Robert Mueller, according to his attorney.

Miller's attorney Paul Kamenar told CNN that they intend to appeal the order to appear before the grand jury, and he said the first step would be for him not to appear.

In a closed hearing Friday in a Washington, DC, district court, Judge Beryl Howell found Miller in contempt and then stayed that ruling until this Monday to allow for an appeal to be filed.

Miller was ordered to appear before the Mueller grand jury last week after a federal judge rejected his attempt to quash the subpoena on the grounds that Mueller's appointment was unconstitutional. The judge wrote in a 93-page opinion that Mueller's appointment was valid.

Miller is one of a number of witnesses tied to Stone that have testified before the Mueller grand jury. Kristin Davis, who is also known as the "Manhattan Madam," is scheduled to appear before the grand jury on Friday.

Stone has not been contacted by the special counsel's office, but he appears to be under investigation as part of the probe into Russian election interference and possible collusion between Trump's team and Russian officials.

Stone appears to be cited, though not by name, in the last month's special counsel indictment of 12 Russian intelligence officers for hacking the Democratic National Committee. Stone was not charged in the indictment.

Stone acknowledged that he was likely the unnamed US official in the indictment, which listed messages exchanged with Guccifer 2.0, the identity US investigators say was used by Russian hackers. Stone has argued that the messages he sent to Guccifer 2.0 were "benign" and were not evidence "of collaboration or collusion."

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