In re Grand Jury Subpoena
Petition for certiorari denied on March 25, 2019
Issue: (1) Whether the Foreign Sovereign Immunities Act of 1976 grants foreign states sovereign immunity from American criminal jurisdiction; (2) whether 28 U.S.C. § 1330(a) is the exclusive basis for subject-matter jurisdiction in a federal action against a foreign state, or 18 U.S.C. § 3231 or another non-FSIA statute can provide subject-matter jurisdiction in a federal action against a foreign state; (3) whether the FSIA's exceptions to jurisdictional immunity (28 U.S.C. §" 1605-1607) apply only in cases for which 28 U.S.C. § 1330(a) supplies subject-matter jurisdiction; and (4) whether the FSIA permits an American court to impose and enforce contempt sanctions (monetary or otherwise) against a foreign state.
SCOTUSblog Coverage
- Justices turn down mystery corporation in grand-jury dispute (Amy Howe, March 25, 2019)
- Redacted petition made public in grand jury dispute (Amy Howe, January 22, 2019)
- Unnamed corporation seeks to file petition for review in grand jury dispute (UPDATED) (Amy Howe, January 8, 2019)
- Justices asked to intervene in grand jury dispute (UPDATED) (Amy Howe, December 23, 2018)
| Date | Proceedings and Orders |
|---|---|
| 12/22/2018 | Application (18A669) for a stay and application for leave to file the application under seal, submitted to The Chief Justice. |
| 12/23/2018 | UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the order of the United States District Court for the District of Columbia holding the applicant in contempt, including the accrual of monetary penalties, is hereby stayed pending receipt of a response, due on or before Monday, December 31, 2018, by noon, and further order of The Chief Justice or of the Court. |
| 12/28/2018 | Response to application and application for leave to file the response under seal filed. |
| 01/02/2019 | Reply of applicant and application for leave to file the reply under seal filed. |
| 01/07/2019 | Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed. |
| 01/07/2019 | Petition for a writ of certiorari filed. (Response due February 21, 2019) |
| 01/08/2019 | Application (18A669) referred to the Court. |
| 01/08/2019 | Application (18A669) denied by the Court. The administrative stay previously entered by The Chief Justice is vacated. |
| 01/09/2019 | Motion of Reporters Committee for Freedom of the Press for leave to intervene to file a motion to unseal. |
| 01/14/2019 | MOTION (18M93) DISTRIBUTED for Conference of 1/18/2019. |
| 01/14/2019 | DISTRIBUTED for Conference of 1/18/2019. |
| 01/17/2019 | Supplemental brief of petitioner filed. |
| 01/22/2019 | The applications for leave to file the application for stay, the response, and the reply under seal presented to The Chief Justice and by him referred to the Court are granted. |
| 01/22/2019 | Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted. |
| 01/25/2019 | Response to motion for leave to intervene to file a motion to unseal from United States filed. |
| 01/25/2019 | Motion for leave to file redacted copies of the application for stay, response, and reply filed by United States. |
| 01/25/2019 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner. |
| 01/28/2019 | Reply in support of motion to intervene filed by Reporters Committee for Freedom of the Press. |
| 01/29/2019 | Motion of petitioner for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief supporting its petition for certiorari. |
| 01/30/2019 | Motions DISTRIBUTED for Conference of 2/15/2019. |
| 01/30/2019 | Response to motion for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief from respondent United States filed. (Distributed) |
| 01/31/2019 | Supplement to motion of petitioner for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief supporting its petition for certiorari. |
| 02/04/2019 | Letter of respondent United States filed. |
| 02/06/2019 | Letter of petitioner filed. |
| 02/19/2019 | Motion to intervene DENIED. |
| 02/19/2019 | Motion for leave to file redacted copies of the application for stay, response, and reply GRANTED. |
| 02/21/2019 | Brief of respondent United States in opposition filed. |
| 02/21/2019 | Motion for leave to file a supplemental brief under seal filed by respondent United States. |
| 02/27/2019 | Reply of petitioner filed. |
| 02/28/2019 | Motion for leave to file a supplemental reply brief under seal with redacted copies for the public record and response to respondent's motion for leave to file a supplemental brief under seal filed by petitioner. |
| 03/06/2019 | DISTRIBUTED for Conference of 3/22/2019. |
| 03/07/2019 | Response to petitioner's motion for leave to file a supplemental reply brief under seal with redacted copies for the public record filed by respondent United States. (Distributed) |
| 03/25/2019 | Motion of respondent for leave to file a supplemental brief under seal GRANTED. |
| 03/25/2019 | Motion of petitioner for leave to file a supplemental reply brief under seal with redacted copies for the public record GRANTED IN PART; the supplemental reply brief will be filed under seal. |
| 03/25/2019 | Petition DENIED. |