SCOTUS doesn't block mystery subpoena in case thought to involve special counsel
Special counsel Robert Mueller.
The case is mysteriously titled In re Grand Jury Subpoena, but it is thought to involve a subpoena issued by special counsel Robert Mueller.
The U.S. Supreme Court didn’t resolve the mystery on Tuesday when it refused to block a subpoena requiring an unnamed corporation to provide information to prosecutors, report the New York Times, the Washington Post, Politico and the National Law Journal. It is thought to be the first time the Supreme Court has acted in a dispute involving the Mueller probe of Russian interference in the 2016 election.
The mystery attracted attention on Dec. 14 when an entire floor of the federal courthouse in Washington, D.C., was closed to reporters and the public while lawyers argued over the subpoena, CNN had reported at the time.
The corporation is owned by “Country A,” and it had argued that it didn’t have to comply with the subpoena because of a federal law governing foreign governments’ immunity from suit. The company also had argued that complying with the subpoena would violate the laws of its home country. The U.S. Court of Appeals for the D.C. Circuit had disagreed in a Dec. 18 ruling.
After the company sought a stay of the subpoena and contempt fines with the U.S. Supreme Court, Chief Justice John G. Roberts Jr. had issued a temporary stay. The Supreme Court vacated Roberts’ stay its Tuesday order.
But the Supreme Court fight might not be over. A stay requires five votes, while a cert grant requires four votes, the National Law Journal points out. A party that appeared to be the company asked the Supreme Court for permission to file a sealed cert petition on Monday.
But it could be an uphill battle, according to the National Law Journal. When justices rule on a stay, one criteria is whether there is a “reasonable probability” that four justices will grant review. Another is that a majority of justices will overturn the decision below.
