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In re Grand Jury Subpoena

Certiorari Denied

Petition for certiorari denied on March 25, 2019.

Docket No.18-948

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.

Proceedings & orders timeline

Dec 22, 2018
Application (18A669) for a stay and application for leave to file the application under seal, submitted to The Chief Justice.
Dec 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.
Dec 28, 2018
Response to application and application for leave to file the response under seal filed.
Jan 2, 2019
Reply of applicant and application for leave to file the reply under seal filed.
Jan 7, 2019
Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
Jan 7, 2019
Petition for a writ of certiorari filed. (Response due February 21, 2019)
Jan 8, 2019
Application (18A669) referred to the Court.
Jan 8, 2019
Application (18A669) denied by the Court. The administrative stay previously entered by The Chief Justice is vacated.
Jan 9, 2019
Motion of Reporters Committee for Freedom of the Press for leave to intervene to file a motion to unseal.
Jan 14, 2019
MOTION (18M93) DISTRIBUTED for Conference of 1/18/2019.
Jan 14, 2019
DISTRIBUTED for Conference of 1/18/2019.
Jan 17, 2019
Supplemental brief of petitioner filed.
Jan 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.
Jan 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.
Jan 25, 2019
Response to motion for leave to intervene to file a motion to unseal from United States filed.
Jan 25, 2019
Motion for leave to file redacted copies of the application for stay, response, and reply filed by United States.
Jan 25, 2019
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.
Jan 28, 2019
Reply in support of motion to intervene filed by Reporters Committee for Freedom of the Press.
Jan 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.
Jan 30, 2019
Motions DISTRIBUTED for Conference of 2/15/2019.
Jan 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)
Jan 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.
Feb 4, 2019
Letter of respondent United States filed.
Feb 6, 2019
Letter of petitioner filed.
Feb 19, 2019
Motion to intervene DENIED.
Feb 19, 2019
Motion for leave to file redacted copies of the application for stay, response, and reply GRANTED.
Feb 21, 2019
Brief of respondent United States in opposition filed.
Feb 21, 2019
Motion for leave to file a supplemental brief under seal filed by respondent United States.
Feb 27, 2019
Reply of petitioner filed.
Feb 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.
Mar 6, 2019
DISTRIBUTED for Conference of 3/22/2019.
Mar 7, 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)
Mar 25, 2019
Motion of respondent for leave to file a supplemental brief under seal GRANTED.
Mar 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.
Mar 25, 2019
Petition DENIED.

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