No. 18-948

In Re Grand Jury Subpoena

Lower Court: District of Columbia
Docketed: 2019-01-22
Status: Denied
Type: Paid
Relisted (4)
Tags: 18-usc-3231 28-usc-1330 28-usc-1604 contempt-sanctions criminal-jurisdiction foreign-sovereign-immunities-act foreign-sovereign-immunity fsia jurisdictional-exceptions sovereign-immunity subject-matter-jurisdiction
Latest Conference: 2019-03-22 (distributed 4 times)
Question Presented (from Petition)

1. Does the FSIA grant foreign states sovereign immunity from American criminal jurisdiction?

2. Is 28 U.S.C. § 1330(a) the exclusive basis for subject-matter jurisdiction in a federal action against a foreign state, or can 18 U.S.C. § 3231 or another non-FSIA statute provide subject-matter jurisdiction in a federal action against a foreign state?

3. Do 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?

4. Does the FSIA permit an American court to impose and enforce contempt sanctions (monetary or otherwise) against a foreign state?

Question Presented (AI Summary)

Does the FSIA grant foreign states sovereign immunity from American criminal jurisdiction?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-25
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.
2019-03-25
Motion of respondent for leave to file a supplemental brief under seal GRANTED.
2019-03-07
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)
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
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.
2019-02-27
2019-02-21
Brief of respondent United States in opposition filed.
2019-02-21
Motion for leave to file a supplemental brief under seal filed by respondent United States.
2019-02-19
Motion for leave to file redacted copies of the application for stay, response, and reply GRANTED.
2019-02-19
Motion to intervene DENIED.
2019-02-06
Letter of petitioner filed.
2019-02-04
Letter of respondent United States filed.
2019-01-31
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.
2019-01-30
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)
2019-01-30
Motions DISTRIBUTED for Conference of 2/15/2019.
2019-01-29
Motion of petitioner for an order directing the Clerk to file an unredacted version of petitioner's supplemental brief supporting its petition for certiorari.
2019-01-28
Reply in support of motion to intervene filed by Reporters Committee for Freedom of the Press.
2019-01-25
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.
2019-01-25
Motion for leave to file redacted copies of the application for stay, response, and reply filed by United States.
2019-01-25
Response to motion for leave to intervene to file a motion to unseal from United States filed.
2019-01-22
Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2019-01-22
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.
2019-01-17
Supplemental brief of petitioner filed.
2019-01-14
MOTION (18M93) DISTRIBUTED for Conference of 1/18/2019.
2019-01-14
DISTRIBUTED for Conference of 1/18/2019.
2019-01-09
Motion of Reporters Committee for Freedom of the Press for leave to intervene to file a motion to unseal.
2019-01-08
Application (18A669) denied by the Court. The administrative stay previously entered by The Chief Justice is vacated.
2019-01-08
Application (18A669) referred to the Court.
2019-01-07
Petition for a writ of certiorari filed. (Response due February 21, 2019)
2019-01-07
Motion (18M93) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2019-01-02
Reply of applicant and application for leave to file the reply under seal filed.
2018-12-28
Response to application and application for leave to file the response under seal filed.
2018-12-23
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.
2018-12-22
Application (18A669) for a stay and application for leave to file the application under seal, submitted to The Chief Justice.

Attorneys

Petitioner
Brian D. BooneAlston & Bird LLP, Petitioner
Edward T. KangAlston & Bird LLP, Petitioner
Reporters Committee for Freedom of the Press
Theodore J. Boutrous Jr.Gibson, Dunn & Crutcher LLP, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent