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UpInArms

(51,284 posts)
Sun Dec 23, 2018, 09:58 PM Dec 2018

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 ...
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Chief Justice pauses contempt order for mystery company in Mueller investigation (Original Post) UpInArms Dec 2018 OP
Corrupt f-ing corporate shill RockRaven Dec 2018 #1
I'd expect MORE of this kind of shit from this USSC CousinIT Dec 2018 #26
They will have to decide if civil unrest is worth their intervening. Eliot Rosewater Dec 2018 #2
Chill. We have no idea what they'll do. WhoWoodaKnew Dec 2018 #3
Agreed Sherman A1 Dec 2018 #6
OMG. This is very ominous. SunSeeker Dec 2018 #4
Unfortunately, they won't recuse themselves Polybius Dec 2018 #7
This will be interesting to watch. Roberts' IMO is aware of what his historical legacy will be. usaf-vet Dec 2018 #24
That's a good point. Roberts himself had no say in these appointees. yardwork Dec 2018 #33
We are on the page. Nice summary. usaf-vet Dec 2018 #34
The fact that they accepted drmeow Dec 2018 #29
Wait. How can the SC intervene in a case? dhol82 Dec 2018 #5
It was appealed before them. PubliusEnigma Dec 2018 #8
Ok. Was not aware of that. dhol82 Dec 2018 #21
Emergency motions initially heard by one SC Justice are... pat_k Dec 2018 #16
"pause lasts until the court has time to review a response from the government" Jarqui Dec 2018 #9
Must be nice to be a bigy boy corporation who cna say NO to a subpoena. We little people would've iluvtennis Dec 2018 #10
Actually, we all can challenge a subpoena. Here's how... WhoWoodaKnew Dec 2018 #13
Emergency applications for relief and leave to file pat_k Dec 2018 #11
I wonder what company. cstanleytech Dec 2018 #12
One of the Russian state-owned banks? pat_k Dec 2018 #15
Banks are likely but it could also be a media company like for example RT cstanleytech Dec 2018 #17
Good point. pat_k Dec 2018 #22
Not a good sign... Nitram Dec 2018 #14
" it will be a first for it to involve itself prior to a case going to court." This case has gone to Honeycombe8 Dec 2018 #18
The corporation is trying to get the SCOTUS to intervene UpInArms Dec 2018 #19
This case IS the subpoena, insofar as this company is concerned. Honeycombe8 Dec 2018 #25
If the SCT didn't think it should intervene, it would have just denied the appeal. Honeycombe8 Dec 2018 #20
Nothing too ominous...yet at least Dopers_Greed Dec 2018 #23
If this Supreme Court allows them to ignore the rule of law duforsure Dec 2018 #27
Settle down Loki Liesmith Dec 2018 #28
I don't think this is a big deal Renew Deal Dec 2018 #30
As if a stay pending appeal is some sort of unusual or sinister event jberryhill Dec 2018 #32
Wonder what the fines were? bluestarone Dec 2018 #31
And perhaps why Delphinus Dec 2018 #35

RockRaven

(14,994 posts)
1. Corrupt f-ing corporate shill
Sun Dec 23, 2018, 10:02 PM
Dec 2018

Asshole even favors foreign state-owned companies over the American people.

CousinIT

(9,257 posts)
26. I'd expect MORE of this kind of shit from this USSC
Mon Dec 24, 2018, 09:28 AM
Dec 2018

The body has a few decent justices - conservative and liberal. But the 2-3 bad ones are rotting the entire body.

Sherman A1

(38,958 posts)
6. Agreed
Sun Dec 23, 2018, 10:13 PM
Dec 2018

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)
4. OMG. This is very ominous.
Sun Dec 23, 2018, 10:10 PM
Dec 2018

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)
7. Unfortunately, they won't recuse themselves
Sun Dec 23, 2018, 10:17 PM
Dec 2018

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)
24. This will be interesting to watch. Roberts' IMO is aware of what his historical legacy will be.
Mon Dec 24, 2018, 08:26 AM
Dec 2018

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)
33. That's a good point. Roberts himself had no say in these appointees.
Mon Dec 24, 2018, 12:28 PM
Dec 2018

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)
34. We are on the page. Nice summary.
Tue Dec 25, 2018, 12:22 PM
Dec 2018

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)
29. The fact that they accepted
Mon Dec 24, 2018, 11:00 AM
Dec 2018

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)
5. Wait. How can the SC intervene in a case?
Sun Dec 23, 2018, 10:13 PM
Dec 2018

Call me stupid but I though they could only hear cases brought before them?

PubliusEnigma

(1,583 posts)
8. It was appealed before them.
Sun Dec 23, 2018, 10:18 PM
Dec 2018

They are determining whether they will hear the appeal.

Pretty standard.

Jarqui

(10,130 posts)
9. "pause lasts until the court has time to review a response from the government"
Sun Dec 23, 2018, 10:31 PM
Dec 2018

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)
10. Must be nice to be a bigy boy corporation who cna say NO to a subpoena. We little people would've
Sun Dec 23, 2018, 10:52 PM
Dec 2018

already had to comply with the subpoena.

Hope the SC says this appeal won't be heard.

pat_k

(9,313 posts)
11. Emergency applications for relief and leave to file
Sun Dec 23, 2018, 10:56 PM
Dec 2018

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)
12. I wonder what company.
Sun Dec 23, 2018, 11:08 PM
Dec 2018

Has to be one that does business inside the US otherwise the courts would be limited on what they could order them to do.

cstanleytech

(26,319 posts)
17. Banks are likely but it could also be a media company like for example RT
Mon Dec 24, 2018, 12:07 AM
Dec 2018

as Mueller could be trying to track down to find out if they were collaborating with the Trump campaign.

pat_k

(9,313 posts)
22. Good point.
Mon Dec 24, 2018, 12:23 AM
Dec 2018

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

Honeycombe8

(37,648 posts)
18. " it will be a first for it to involve itself prior to a case going to court." This case has gone to
Mon Dec 24, 2018, 12:09 AM
Dec 2018

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)
19. The corporation is trying to get the SCOTUS to intervene
Mon Dec 24, 2018, 12:14 AM
Dec 2018

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)
25. This case IS the subpoena, insofar as this company is concerned.
Mon Dec 24, 2018, 09:06 AM
Dec 2018

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)
20. If the SCT didn't think it should intervene, it would have just denied the appeal.
Mon Dec 24, 2018, 12:14 AM
Dec 2018

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)
23. Nothing too ominous...yet at least
Mon Dec 24, 2018, 01:33 AM
Dec 2018

Seems like they just need time to review it.

Of course Gorsuch and Blackout Brett should recuse, but won't.

duforsure

(11,885 posts)
27. If this Supreme Court allows them to ignore the rule of law
Mon Dec 24, 2018, 09:30 AM
Dec 2018

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 .

Renew Deal

(81,871 posts)
30. I don't think this is a big deal
Mon Dec 24, 2018, 11:11 AM
Dec 2018

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.

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