Some “mysteries” surrounding the Mueller investigation’s grand jury subpoena case may soon come to light. Adding another unusual twist to the case, on January 22, 2019, the Supreme Court allowed the “mysterious” corporation, owned by Country A, to file a writ petition under seal, with redacted copies for the public record.
This development comes just two weeks after the Court vacated a brief temporary stay of the contempt order and the imposition of fines for the corporation’s failure to comply with the grand jury subpoena. The case involves several hot legal issues, including the application of the Foreign Sovereign Immunities Act (“FSIA”) in criminal cases, subject-matter jurisdiction over foreign sovereigns outside of the FSIA, and the imposition of contempt sanctions against a foreign state.
Analysis of a Mystery
Of course, there is the sensational nature of the proceedings, where the identity of the “mysterious” corporation and its country of origin are unknown. Of broader importance, the proceedings probe the mysterious area of criminal immunity under the FSIA. The Mueller investigation’s “mystery” grand jury subpoena case provides a fascinating glimpse into a mysterious legal landscape. Kristina Arianina, a senior associate, examines the mystery in an article in Law360 here (subscription required).
It remains to be seen if the Supreme Court will decide to hear the case after the corporation files its appeal under seal. If it does, the Court may bring clarity into the mysterious area of criminal immunity under the FSIA.