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Supreme Court Intervenes In Mystery Mueller Filing

It's the first challenge to Mueller's authority.

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Chief Justice Roberts would like you to simmer down. (Nati Harnik/AP)

In what’s shaping up to be the first Supreme Court challenge involving the Mueller investigation, Chief Justice John Roberts stepped in to stay a D.C. Circuit ruling holding a foreign company in contempt of the Mueller grand jury.

Apparently, Mueller is seeking information from corporation in “Country A,” and that corporation claims immunity from the Mueller probe under the Foreign Sovereign Immunities Act.

Last week, the lower court agreed with Mueller. The D.C. Circuit found that the case falls within an exception to the Act for activities that have a “direct effect” on the United States.

Clearly, the corporation here is a state-owned bank or financial institution. Mueller is following the money, whether that money is locked up in Russia or Saudi Arabia or wherever.

Over the weekend, the Supreme Court decided to get involved. From Howe on the Court:

On Sunday evening, Chief Justice John Roberts temporarily blocked the district court’s order requiring the foreign corporation to comply with the grand jury subpoena or pay penalties. In a brief order, the chief justice directed the government to respond by noon on December 31 and indicated that the district court’s order would remain on hold until the government’s response is filed and either he or the full court takes additional action.

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Folks, the Mueller probe isn’t going to be finished any time soon. Oh, Trump might find an attorney general to unnaturally end the investigation in order to protect himself, but the investigation doesn’t look to be “wrapping up.”

If the Supreme Court compels the foreign corporation to answer the subpoena, who knows what other crimes might be uncovered.

Justices asked to intervene in grand jury dispute (UPDATED) [Howe on the Court]

Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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