Chief Justice pauses contempt order for mystery company in Mueller investigation
Source: CNN
Chief Justice John Roberts on Sunday issued a temporary pause on an order holding an unnamed, foreign government-owned company in contempt over a mystery court case related to special counsel Robert Mueller's investigation.
The order puts on hold the contempt citation issued by a DC federal judge against the company related to a grand jury subpoena it received, but only long enough for the justices to decide whether they want to intervene in the case.
The company asked the Supreme Court to intervene after a federal appeals court ruling that ordered the company to comply with the subpoena, which required it to turn over "information" about its commercial activity in a criminal investigation. The Supreme Court action also paused fines the company was facing for every day of noncompliance.
The pause lasts until the court has time to review a response from the government due on or before December 31.
Read more: https://amp.cnn.com/cnn/2018/12/23/politics/john-roberts-supreme-court-pause-mystery-company-subpoena/index.html
If SCOTUS intervenes, it will be a first for it to involve itself prior to a case going to court ...
RockRaven
(14,994 posts)Asshole even favors foreign state-owned companies over the American people.
CousinIT
(9,257 posts)The body has a few decent justices - conservative and liberal. But the 2-3 bad ones are rotting the entire body.
Eliot Rosewater
(31,121 posts)WhoWoodaKnew
(847 posts)Sherman A1
(38,958 posts)looks more like they want to take a few days to look it over and there is the holidays in the middle of all this.
SunSeeker
(51,685 posts)I expected this appeal to go nowhere. This is awful, and does not bode well for how House Democrat-led investigation subpoenas will be treated.
Kavanaugh and Gorsuch should recuse themselves, like Rehnquist did on the Nixon tapes case. But they won't, because they are lying sacks of shit with absolutely no honor.
Polybius
(15,475 posts)Rehnquist was just an exception, most don't in cases involving the President that appointed them. Nixon's other Justices, Chief Justice Warren Burger, Harry Blackmun, and Lewis Powell did not recuse themselves.
usaf-vet
(6,207 posts)I think he knows that he will have to weigh each of the courts actions in light of the stacking of "his" court with two extremist individuals. Kavanaugh and Gorsuch were both appointed via right wing manipulations of the process.
Roberts' knows that history will judge the decisions of this court with the advantage of time to see what the right wing stacking did to the balance of justice.
yardwork
(61,703 posts)At least, presumably he had no say. Maybe he did, behind the scenes. But it's still interesting to think about the possibility that Roberts had the loathsome Gorsuch and Kavanaugh foisted on him, where they naturally align with the loathsome and stupid Alito and Thomas.
That's not really a team any Chief Justice would want for "his" side.
usaf-vet
(6,207 posts)So at least two people in the crazed Trump world can agree on something. Let's hope we are right.
It could be that Roberts will be saddle with these two for his entire term as Chief Justice. Two albatrosses hanging around his neck.
Two moderates could have been more dangerous over the long term for the country as Roberts could / would side with them more consistently over the years. Ending with 5-4 conservative rulings far out weighing 5-4 liberal leaning decisions.
drmeow
(5,024 posts)Their nominations at all after Benedict McConnell's BS with Garland proves they have no integrity and are all about greed and ego.
dhol82
(9,353 posts)Call me stupid but I though they could only hear cases brought before them?
PubliusEnigma
(1,583 posts)They are determining whether they will hear the appeal.
Pretty standard.
dhol82
(9,353 posts)pat_k
(9,313 posts)...not uncommon.
https://www.democraticunderground.com/10142229593#post11
Jarqui
(10,130 posts)Justice requires both sides get heard. In the interim, the decision is suspended.
I do not see anything wrong with that.
Let's see what happens after that before getting too excited
iluvtennis
(19,871 posts)already had to comply with the subpoena.
Hope the SC says this appeal won't be heard.
WhoWoodaKnew
(847 posts)pat_k
(9,313 posts)Last edited Mon Dec 24, 2018, 12:13 AM - Edit history (6)
... are not uncommon.
Emergency applications for relief (e.g., relief such as a stay of a lower court's subpoena pending a decision on a motion to grant leave to file a motion to quash the subpoena ) are dealt with by a single justice. I think what has happened here is that Roberts is saying there is enough here to go to the next step. He isn't ready to reject it out of hand. The next step will be a review of the unnamed corporation's filing by the court to decide 1) reject it or 2) move to next step and solicit a response to the filing from the opposition (or, depending on the nature of the filing, give defendant permission to file a more complete motion or writ to which the opposition would be given the opportunity to respond). This is still probably one or more steps away from filing a writ of certiorari (i.e., filing for permission to file an appeal).
In other words, Roberts is not ruling that the court will hear an appeal of the ruling. He is ruling that the corporation has provided sufficient grounds to take the next step in a series of steps that could ultimately lead to a decision to allow the corporation to file an actual appeal.
http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1
cstanleytech
(26,319 posts)Has to be one that does business inside the US otherwise the courts would be limited on what they could order them to do.
pat_k
(9,313 posts)Check out the Moscow Project (Center for American Progress Action Fund)
https://themoscowproject.org/collusion-chapter/chapter-1/
cstanleytech
(26,319 posts)as Mueller could be trying to track down to find out if they were collaborating with the Trump campaign.
pat_k
(9,313 posts)I've fallen victim to all the "insider" speculation that it is likely a bank. Of course, the company from country A in Sealed v. Sealed could be anything. We can't even be sure it's an action initiated by Mueller's investigation.
e.g., The Guardian, last week.
https://www.theguardian.com/us-news/2018/dec/18/sealed-v-sealed-robert-mueller-mysterious-case-subpoena
Nitram
(22,877 posts)Honeycombe8
(37,648 posts)This case involving this subpoena has gone to court. The court's decision is what is being appealed.
I doubt this is the first time a "case" about objecting to responding to a subpoena, and courts have found they must, has been appealed to the S.Ct.
UpInArms
(51,284 posts)In a premature way ... before their case is heard ...
Subpoena power is mostly already decided law. They are asking for preferential treatment under the law.
Honeycombe8
(37,648 posts)This company is not part of a larger case, that we know of. The larger case just wants its records. If this company were part of the bigger case, it wouldn't be able to object to producing records.
This IS the case. It was decided at the trial level, then the appellate level, and now it goes to the SCT. All the normal way to do things (when yu have the money to pay for all that). They have to object and take it to the top before the records are produced, because to do it later doesn't make sense. If other cases use that information, and later it's ruled that the company does not have to produce that information, the company cannot un-produce them, and another case was decided in part using that information, so that would make that larger case null and void.
So this is normal. You have to settle it before you produce the information/records.
Honeycombe8
(37,648 posts)I wonder if this company has to do with money laundering or Russia, or even both.
I wonder if RBG is well enough to participate in discussions. I would doubt it. Esp since she had surgery on her lungs.
Dopers_Greed
(2,640 posts)Seems like they just need time to review it.
Of course Gorsuch and Blackout Brett should recuse, but won't.
duforsure
(11,885 posts)All companies will then do the same, and be as corrupt as they want to be with no consequences for it. This would allow corruption to not only continue, but put it on steroids, and worsen dramatically , and corrupt all businesses , or else they are destroyed. That's what putin and trump want to do. putin corrupted all businesses in Russia , which is why he's worth hundreds of billions now from his corruption . If Duesch Bank is allowed to escape now, we're headed for what's in Russia now, where only the most corrupt prosper, and the rest lose out .
Loki Liesmith
(4,602 posts)This is normal
Renew Deal
(81,871 posts)This basically pauses the daily fine till they come up with a resoponse and they have a week to do so. Not a big deal.
jberryhill
(62,444 posts)bluestarone
(17,030 posts)Delphinus
(11,840 posts)kavanaugh is there? (sorry, my conspiracy theory side just jumped out.)