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Zoe Tillman @ZoeTillman
, 4 tweets, 2 min read Read on Twitter
In a sealed order, the DC Circuit has denied a motion filed by the mystery company in the mystery grand jury dispute that may or may not be related to the Mueller investigation
Earlier today on this latest back and forth, from @chrisgeidner -->
And for background on what little information we do know about this case so far (via a public order that told us the case involved a grand jury subpoena to a company owned by a country)
And on the madness that this case recently inspired in light of a @politico report that suggested it was linked to the Mueller probe (we have no confirmation that it is, in fact, about the Mueller investigation) buzzfeednews.com/article/zoetil…
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Remember how a judge slammed the lawyer repping Concord Management in the Mueller Russian troll farm case on Monday (see: buzzfeednews.com/article/zoetil…) and then had a brief sealed proceeding. The transcript has been unsealed, here's what went down:
The judge said in open court that she was sealing the room to talk about Concord's motion to compel discovery re: how Mueller's office got info that Concord said was confidential. The govt had asked to respond under seal, saying they'd need to discuss a pending grand jury matter
After the courtroom was closed (and we were all kicked out), Judge Friedrich started to ask Concord's lawyer Eric Dubelier a question, but he said he wasn't prepared for a motion hearing, and also needed to talk to his client about the judge's criticism of his conduct
Read 6 tweets
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Hello on this mild morning from the DC Council, which is scheduled to vote today on the LOVE Act -- emergency legislation that would make it possible for couples to get a DC marriage license during the federal govt shutdown (background: buzzfeednews.com/article/zoetil…)
At the DC Council this a.m. waiting for a vote on the LOVE Act, and listening to Councilmember Grosso intro a bill to legalize and regulate sales of marijuana. "This council should be unapologetic in pursuing what is best for our constituents." Background: dcist.com/story/19/01/07…
The LOVE Act is up — this emergency legislation will make it possible for couples to get a marriage license in DC during the govt shutdown. It's being introduced by Councilmember Brandon Todd at the request of DC Mayor Muriel Bowser
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NEW: The federal judiciary now expects to have enough money from other sources to keep the courts largely business-as-usual during the shutdown through Jan. 18 (previously it was Jan. 11) — this is the latest from the Administrative Office of the US Courts (HT @hsu_spencer)
In order to make the funds that the judiciary does have (absent a congressional appropriation) last as long as possible, "courts have been asked to delay or defer non-mission critical expenses, such as new hires, non-case related travel, and certain contracts"
DOJ, of course, is already affected by the shutdown, so most judges have been approving requests or issuing blanket orders to delay civil litigation involving the federal govt during the shutodwn (criminal cases still have to proceed as usual)
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BREAKING: Supreme Court denies the foreign country-owned company's request to stay a contempt order resulting from its refusal to comply with a grand jury's subpoena. Chief Justice Roberts' "administrative stay" is vacated, so the result is the contempt order is back in effect.
That order of the court follows this request, made Monday but put on the docket today, to file a cert petition in the case under seal. Not clear what will happen with that now, but the contempt order (and associated fines) will now be back in place.
REDACTED DOCUMENT: Here's the redacted motion at SCOTUS, noted previously, of what appears to be the foreign-owned company seeking to file its petition for certiorari in the grand jury dispute under seal. documentcloud.org/documents/5677…
Read 11 tweets
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THREAD: A long litany of assumptions by well-meaning speculators who conduct helpful grassroots research, but are making some of the identical mistake as those who misread the Clinton email investigation made, errors born of a lack of professional experience in criminal defense.
Mistake #1: assuming the existence of FBI or DOJ activity equals a criminal investigation w/ intent to indict. This is *especially* true in political inquiries often meant to *prevent* a real criminal investigation, not conduct one. See Clinton email inquiry as classic example.
Mistake #2: assuming an indictment into a potential participant in the hoped-for investigation means there is a broad-scale investigation of everything that company did. That is actually rare. Indeed, existence of a public indictment usually means NO secret separate case to come.
Read 6 tweets
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BREAKING: The company owned by a foreign country that is challenging a grand jury subpoena in federal court in DC, and lost its challenge at the DC Circuit, has asked the US Supreme Court to step in. The case is under seal, so we have no additional information at this time.
It is an application for a stay, so likely an effort to stay the lower courts’ refusal to quash the subpoena and halt the continuing fines on the company for not complying (similar to what was sought in the DC Circuit).
Note:
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Seems like a thread on recent US practice w/r/t criminal prosecution of foreign sovereign entities might be of interest. @S_R_Anders @YesMomsCan @jedshug @ZoeTillman @lrozen @nycsouthpaw @kpolantz #Mueller #subpoena 1/19
For non-lawyers: to “quash” a subpoena, the recipient (defendant or witness) must show that compliance would be “unreasonable or oppressive.” A court can hold in contempt a witness “who, without adequate cause, disobeys a subpoena.” 2/19 law.cornell.edu/rules/frcrmp/r…
Yesterday’s panel opinion upholding the subpoena and the contempt order rejected the foreign state-owned company’s arguments that it was 1) immune from US jurisdiction and 2) precluded from complying by foreign law. 3/19 lawfare.s3-us-west-2.amazonaws.com/staging/2018/3…
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A few thoughts on DC Circuit decision re mystery subpoena. @S_R_Anders @qjurecic @YesMomsCan @kpolantz @dsamuelsohn @joshgerstein @lrozen @ZoeTillman @AndyMcCanse @joshtpm @bradheath @JoyceWhiteVance @chrisgeidner @normative @jedshug @kylegriffin1 lawfare.s3-us-west-2.amazonaws.com/staging/2018/3… 1/
The panel indicates that a more detailed opinion will follow; meanwhile, it drops hints about the arguments raised, including “historical sources suggest[ing] that foreign sovereigns might have been able to raise an immunity defense in a criminal case.” 2/
Historically, immunity defenses were raised on behalf of foreign officials (from both criminal and civil proceedings) and foreign ships (from in rem proceedings). repository.uchastings.edu/cgi/viewconten… The 3-page opinion doesn’t tell us what “historical sources” the defendant raised here. 3/
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THREAD

MEMBERS OF TEAM #MUELLER
1.Zainab Ahmed
Ahmed is an expert in prosecuting terrorism and organized crime, Zainab Ahmad previously served as an assistant US attorney for the Eastern District of New York. She joined #TeamMueller in the summer of 2017.
1a)Ahmad has worked on the case of Flynn: She was one of two prosecutors who signed Flynn’s charging documents and was also in court for Flynn’s guilty plea in December 2017.

#MuellerTime
#TeamMueller
Read 66 tweets

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