3:29 PM 1/22/2019 - Saved Stories - Trump Investigations: Supreme Court will let possible Mueller company file papers in secret. | Is the mysterious foreign-government-owned company the Russian Sberbank?
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| Supreme Court will let possible Mueller company file papers in secret | ||
Key Points
The Supreme Court on Tuesday allowed redacted and sealed court documents to be filed by a mysterious foreign government-owned company that wants to avoid being forced to turn over information in an investigation that is widely thought to be led by special counsel Robert Mueller.
The high court did not rule on the merits of the company’s argument that it should not have to comply with a subpoena issued by a federal grand jury in Washington earlier this year. That grand jury is believed to be acting at Mueller’s request.
Instead, the Supreme Court said it would allow the company’s application for a stay in the subpoena, as well as for any responses to be filed without the public seeing all or some of the documents.
The company’s petition to the Supreme Court asking for it to consider its appeal of the subpoenawas released shortly after the court’s order.
Several areas of the filing are blacked out, including the names of the attorneys representing the company, and the “corporate disclosure statement.”
But in an unsealed portion, lawyers for the firm that that the Supreme Court “should reverse” a federal appeals court ruling upholding the subpoena “before it upsets foreign relations in a way that an American judicial decision never should.”
“The questions presented in this petition go to the very nature of sovereign dignity and power,” they said.
The lawyers said the appeals court ruling was the first “in American history to exercise criminal jurisdiction over a foreign state.”
“Since America’s founding, foreign states have been immune from American criminal jurisdiction, and yet the United States is not overrun with criminal syndicates backed by foreign states,” the lawyers argued.
The Supreme Court’s decision sets up the possibility that the company will seek to have the case heard by the court’s nine justices in a courtroom sealed to the public.
That would be a highly unusual — and possibly unprecedented — event if the Supreme Court granted the company’s request for a sealed hearing.
However, the high court could also end up rejecting the company’s request that it consider the appeal.
Walter Dellinger, a former acting solicitor general for the United States, told CNBC last week that he was unaware of any past case in which the Supreme Court had allowed a party in a case to file documents asking it to consider a case under seal, or one in which the justices heard oral arguments in a session closed to the public.
The company is currently subject to a $50,000 per day penalty for not complying with the subpoena.
The firm already is on the hook for more than $600,000 in fines after the U.S. Court of Appeals for the Federal Circuit in Washington denied its bid to quash the subpoena.
In its filing partially unsealed Tuesday, the company says federal law did not authorize contempt sanctions, like the one imposed on it in this case, “against a foreign state.
Much about the case is unknown, because it has been playing out in courtrooms closed to the public in Washington, and because most of the documents filed in the case have been sealed.
But it is known that the company is “wholly owned by a foreign state,” according to its lawyers, and that it has argued it should be immune from the subpoena for information because complying with it would violate its country’s laws.
The strong suspicion that the subpoena is being sought by Mueller stems from sightings of lawyers from the special counsel’s office being seen going into or coming out of hearings related to the case, and other circumstantial evidence.
A spokesman for Mueller declined to comment Tuesday.
Mueller is investigating Russian interference in the 2016 presidential election that sent Donald Trump to the White House. He also is investigating possible collusion by members of Trump’s campaign with Russian agents, and possible obstruction of justice by the president.
Trump has denied any wrongdoing.
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| Is the mysterious foreign-government-owned company Russian Sberbank? - Google Search | ||
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| Is the mysterious foreign-government-owned company Russian Sberbank? - Google Search | ||
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| Is the mysterious foreign-government-owned company Russian Sberbank? - Google Search | ||
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| Is the mysterious foreign-government-owned company Russian Sberbank? - Google Search | ||
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| How did we get to a place where the FBI wondered if an American president was a Russian asset? - Bangor Daily News | ||
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| Michael Flynn Jr makes bizarre move | ||
It’s been nearly fourteen months since Michael Flynn cut a cooperating plea deal with Special Counsel Robert Mueller, presumably in part to try to keep his son Michael Flynn Jr out of prison. Last month Flynn had a sentencing hearing before a federal judge, and it went very poorly for him, with the judge advising him to find a way to cooperate more thoroughly. Now Flynn Jr has made a rather bizarre move.
One of the oddities all along has been that, even as Michael Flynn sold out his fellow criminals in order to obtain leniency for his son, we saw Flynn Jr consistently tweet deranged pro-Trump conspiracy theories about Mueller and federal investigators. It led quite a number of observers to ask why Flynn Jr hadn’t been reined in, or what was really going on. Around the time the judge told Flynn off, Flynn Jr finally went silent.
Now Michael Flynn Jr has decided to scrub his Twitter account, deleting everything he’s ever tweeted, with the exception of a pair of Christmas-related tweets from last month. No one seems to have any idea why he did it. It’s possible he simply panicked, or that the gravity of his situation finally hit him. But it’s equally possible that this is a sign that something big is about to break.
Michael Flynn isn’t due back in court for sentencing for another two months, and his name hasn’t been in the news this week at all. But based on the heavily redacted sentencing memo, we know that Robert Mueller is sitting on a powder keg of Flynn-related evidence against Donald Trump and Mike Pence. Is Mueller is about to make it public? Is this why Flynn Jr is suddenly trying to act like he never dissed Mueller to begin with? Stay tuned.
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The post Michael Flynn Jr makes bizarre move appeared first on Palmer Report.
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| Could A Slew Of New Congressional Investigations Erode Trump’s Approval Rating? - FiveThirtyEight | ||
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Investigation season is here. The House Oversight and Reform Committee announced Michael Cohen, the president's former lawyer, will testify publicly on Feb.
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| Blumenthal On Giuliani Comments: 'Smacks Of' Dealings With 'Putin's Henchmen' - TPM | ||
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| Here’s the thing about Rachel Maddow’s theory involving Donald Trump, the FBI, and the government shutdown | ||
Last night Rachel Maddow used her MSNBC show to do what she does best. She assembled the available evidence when it comes to Donald Trump’s endless government shutdown, and she came up with a premise that we simply haven’t been hearing elsewhere. She pointed out that FBI agents aren’t getting paid, and the longer it drags on, the more likely the agents are to run into the kind of financial trouble that could end their careers. Here’s the thing.
Over the past year-plus, Donald Trump has consistently and almost obsessively attacked the FBI in dishonest fashion. He illegally fired FBI Director James Comey. He targeted a hit list of top FBI officials by publicly spinning phony and/or exaggerated scandals about them. It was fairly clear that this was an attempt at preventing the FBI from exposing his crimes, or a belated attempt at getting revenge on the FBI, or both.
Maddow pointed out that Donald Trump’s government shutdown is now putting the entirety of the FBI at risk on a fundamental level. Agents and officials are required to have good credit ratings and financial histories, so they’re not ripe for blackmail. If the shutdown ruins large chunks of the FBI financially, it could cripple the bureau’s ability to function going forward. But two key points come to mind.
First, the FBI only handles investigations. When it comes to Donald Trump’s criminal scandals, the investigative phase is over. Special Counsel Robert Mueller is deep into the prosecution phase. even if Trump were able to wipe the FBI off the map at this late date, it would do nothing to save Trump from being taken down. So if the shutdown is about harming the FBI, it’s a mere matter of Trump trying to take the bureau down with him.
Second, it’s worth keeping in mind that Donald Trump had already committed himself to keeping the government open with no funding for his wall, before the likes of Rush Limbaugh and Ann Coulter threatened mutiny at the last moment. So if Trump is now keeping the government shut down in order to harm the FBI, it wasn’t his original plan, and is merely something he’s come up with along the way.
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