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Supreme Court lets mystery company file appeal under seal
Reuters ^ | January 22, 2019 | by Lawrence Hurley

Posted on 01/22/2019 12:16:18 PM PST by Oldeconomybuyer

WASHINGTON - The U.S. Supreme Court on Tuesday let an unidentified foreign government-owned company appeal under seal a grand jury subpoena possibly related to Special Counsel Robert Mueller’s probe into Russia’s role in the 2016 election, and the firm said a ruling against it would “wreak havoc” on American foreign policy.

The case has remained a high-profile mystery, with the Supreme Court and lower courts declining to identify the company, the country that owns it or the purpose of the subpoena.

The company is facing a daily fine of $50,000 imposed by a U.S. federal judge in Washington for refusing to comply with a subpoena issued in the unidentified investigation.

Lawyers for the company urged the Supreme Court to take up the case, saying in the court papers that the lower court ruling it is contesting “would wreak havoc on American foreign policy - possibly alienating U.S. allies, undermining diplomatic efforts, and inviting reciprocal treatment abroad for American agencies.”

The legal question is whether the company is protected under the Foreign Sovereign Immunities Act, a law that allows foreign countries to avoid being sued in U.S. courts but does not cover commercial activities.

In the redacted court papers, the company said the Foreign Sovereign Immunities Act protects it not just in civil cases but also in criminal cases. The company also argued that foreign countries are immune from contempt findings.

(Excerpt) Read more at reuters.com ...


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events
KEYWORDS: docket; election2016; lawsuit; mueller; scotus; witchhunt
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To: Oldeconomybuyer

I smell a British MI6 or City of London owned / affiliated entity.


21 posted on 01/22/2019 12:56:21 PM PST by Chauncey Gardiner
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To: Candor7
A Desperate Man : Michael Cohen

Don't be distracted by the gossip and tittle-tattle being spread about Michael Cohen. Forget taxi medallions and porn stars. They're meant to distract. As REX explains, the true DOJ investigations are likely focussed on Cohen's connections to illegal lobbying by Clinton proxies, on behalf of Ukraine.

https://quodverum.com/2019/01/19/a-des-erate-man-michael-cohen.html

22 posted on 01/22/2019 12:58:01 PM PST by Hotlanta Mike ("itYou can avoid reality, but you can't avoid the consequences of avoiding reality.")
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To: Alberta's Child

“...where the U.S. Dept. of Justice is taking the side of the “white hats” in trying to expose foreign meddling in the 2016 from allied nations — no?”

No. The DOJ is trying to hide its meddling in the 2016 election.


23 posted on 01/22/2019 12:58:24 PM PST by odawg
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To: Oldeconomybuyer

24 posted on 01/22/2019 1:00:58 PM PST by dead (Our next president is going to be sooooo boring.)
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To: Oldeconomybuyer

Probably a U.K. based Air America.

5.56mm


25 posted on 01/22/2019 1:12:54 PM PST by M Kehoe (DRAIN THE SWAMP! BUILD THE WALL!)
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To: Oldeconomybuyer

I thought that this had already been dealt with by the USSC and that the appeal was denied. But I must be mixing it up with something else.


26 posted on 01/22/2019 1:19:19 PM PST by Revel
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To: odawg
According to the article, the foreign company -- not the DOJ -- is trying to challenge the subpoena behind closed doors.

If you can explain how this fact pattern fits your "DOJ trying to hide its meddling in the 2016 election" narrative, then please do.

27 posted on 01/22/2019 1:24:55 PM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: Revel

I believe the Supreme Court ruled that the $50,000/day fine imposed by the Federal judge would be suspended while the company’s appeals were being heard.


28 posted on 01/22/2019 1:31:07 PM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: Alberta's Child

“According to the article, the foreign company — not the DOJ — is trying to challenge the subpoena behind closed doors.”

Mueller and company are the ones promoting the subpoena.

If you think Mueller is a white hat, then explain how the facts fit your fact pattern.


29 posted on 01/22/2019 1:43:46 PM PST by odawg
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To: odawg
If you think Mueller is a white hat, then explain how the facts fit your fact pattern.

Go back to my Post #15 and read it again.

In this particular situation, it looks like the DOJ is taking the exact opposite stance that I would expect them to take if their motivations were as you described.

Why would Mueller serve a subpoena on a foreign-owned firm in an attempt to hide information? The foreign-owned firm could release the information in public and embarrass the hell out of Mueller -- and the U.S. government. But that's not what is happening here. It's the foreign-owned firm -- NOT MUELLER -- that is trying to keep everything secret.

30 posted on 01/22/2019 1:53:34 PM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
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To: Alberta's Child

“Why would Mueller serve a subpoena on a foreign-owned firm in an attempt to hide information?”

Hide information?

Mueller is not trying to hide information, he is trying to make the company cough up information; he thinks the company has something he can exploit to hurt Trump.


31 posted on 01/22/2019 2:07:01 PM PST by odawg
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To: Oldeconomybuyer

In my opinion, the company has a reasonable legal claim. Title 28 section 1604:

Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter.


32 posted on 01/22/2019 2:31:01 PM PST by taxcontrol
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