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UpInArms

(51,280 posts) Tue Jan 22, 2019, 06:18 PM Jan 2019

Supreme Court releases censored appeal by foreign government in mystery Mueller case

Source: NBC News

WASHINGTON — An unidentified foreign government is asking the Supreme Court to get involved in a case that may be part of special counsel Robert Mueller's Russia investigation.

The justices on Tuesday granted the government's request to file a censored version of an appeal to the high court in which the country is fighting a grand jury subpoena and a $50,000-a-day fine for not complying with the subpoena.

The appeal doesn't identify the country, a company it controls or even the lawyers who are representing it. But the appeal says the justices should make clear that a federal law that generally protects foreign governments from civil lawsuits in the U.S. also shields them in criminal cases.

The justices had previously refused to block the subpoena and fine on an emergency basis.

... snip ...

The U.S. government has until Feb. 21 to respond to the appeal. An uncensored, sealed version of the appeal also has been filed with the court.

Read more: https://www.nbcnews.com/news/amp/ncna961416

6 replies

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Supreme Court releases censored appeal by foreign government in mystery Mueller case (Original Post) UpInArms Jan 2019 OP

One day, we'll know. NurseJackie Jan 2019 #1

I don't get it. At a state level anyway, if you are not an American company yet want to do business in2herbs Jan 2019 #2

And there is the conundrum UpInArms Jan 2019 #3

Waiting for someone to explain this! bluestarone Jan 2019 #4

Corporations are people, my friend. Lock it up! Marcuse Jan 2019 #5

The law in question is melm00se Jan 2019 #6

NurseJackie

(42,862 posts)

1. One day, we'll know.

Reply to UpInArms (Original post)

Tue Jan 22, 2019, 06:55 PM

Jan 2019

in2herbs

(2,945 posts)

2. I don't get it. At a state level anyway, if you are not an American company yet want to do business

Reply to UpInArms (Original post)

Tue Jan 22, 2019, 08:07 PM

Jan 2019

in the US you have to be a corporation and as a corporation you have to submit to the jurisdiction of all of the laws of the US.

UpInArms

(51,280 posts)

3. And there is the conundrum

Reply to in2herbs (Reply #2)

Tue Jan 22, 2019, 08:37 PM

Jan 2019

Can a foreign nation, acting as a corporate entity, be held to the laws of the country it is “doing” business in?

bluestarone

(16,906 posts)

4. Waiting for someone to explain this!

Reply to UpInArms (Original post)

Tue Jan 22, 2019, 08:47 PM

Jan 2019

Not sure it's good or bad.

Marcuse

(7,478 posts)

5. Corporations are people, my friend. Lock it up!

Reply to UpInArms (Original post)

Wed Jan 23, 2019, 08:29 AM

Jan 2019

melm00se

(4,990 posts)

6. The law in question is

Reply to UpInArms (Original post)

Wed Jan 23, 2019, 08:48 AM

Jan 2019

Foreign Sovereign Immunities Act which, in part, defines

For purposes of this chapter—
(a) A “foreign state”, except as used in section 1608 of this title, includes a political subdivision of a foreign state or an agency or instrumentality of a foreign state as defined in subsection (b).
(b) An “agency or instrumentality of a foreign state” means any entity—
(1) which is a separate legal person, corporate or otherwise, and
(2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and
(3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (e) of this title, nor created under the laws of any third country.

According to this act, the reason for this law is:

The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.

Although, there are situations where such immunity is lifted, among them:

...the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States.

I am not sure what the defense reasoning is on this.

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