Mueller role confirmed in subpoena battle with mystery firm - POLITICO - 4:14 AM 2/2/2019
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Mueller role confirmed in subpoena battle with mystery firm - POLITICO
"So far, the firm has failed to get much traction for its arguments that the company should be immune from the grand jury demand because the firm is effectively part of a foreign government. Both Howell and a three-judge D.C. Circuit panel rejected those arguments.
When the firm took the issue to the Supreme Court, Chief Justice John Roberts briefly stayed Howell’s contempt order and the $50,000-a-day financial penalty Howell imposed for defying her order. However, the high court lifted that stay several weeks ago.
After that ruling, the two sides squared off again in front of Howell over whether she has power to enforce the financial sanction. She denied the firm’s motion to declare the order unenforceable, a docket made public this week shows.
While the Supreme Court turned down the company’s bid for emergency relief, the firm’s petition asking the justices to review the lower court rulings remains pending at the high court.
At a closed-door meeting on February 15, the justices are scheduled to consider what additional portions, if any, of the Supreme Court’s file on the dispute can be opened up."
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Mueller role confirmed in subpoena battle with mystery firm - POLITICO | ||
At a closed-door meeting on February 15, the justices are scheduled to consider what additional portions, if any, of the Supreme Court’s file on the dispute can be opened up. | Saul Loeb/AFP/Getty Images
Attorneys from Special Counsel Robert Mueller’s office are the prosecutors locked in a mysterious grand jury subpoena fight that a state-owned foreign company has taken all the way to the Supreme Court, court records now confirm.Mueller role confirmed in subpoena battle with mystery firm
By JOSH GERSTEIN
Updated
2019-02-02T12:15-0500A docket unsealed by the U.S. District Court in Washington shows two prosecutors from Mueller’s office, Scott Meisler and Zainab Ahmad, are handling the dispute on behalf of the special counsel.
Story Continued Below
Alston and Bird’s clients have included Russian interests including a Russian oligarch, although it’s unclear if the present fight involves a company from Russia or elsewhere. The dispute has proceeded with unusual secrecy, including — until now — the names of the lawyers for both sides being withheld by the three different federal courts to grapple with the matter. However, with journalists pressing for more access to the details of the fight, the district court released a docket sheetWednesday laying out a timeline of the filings in the dispute. With no fanfare, the same court posted a slightly less redacted version of that docket online Thursday. The new version revealed the names of Meisler and Ahmad, as well as four attorneys for the foreign company: Brian Boone, Ted Kang, Emily Costin and Karl Geercken.
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On Friday, the D.C. Circuit Court of Appeals unsealed a document also naming Boone and Kang as lawyers for the company in that court. The Friday order making that document public also discloses that the opposition to unsealing the records has come from Mueller’s prosecutors, at least in recent weeks. Meisler is an appellate lawyer who has worked on Mueller’s prosecution of former Trump campaign chairman Paul Manafort. Ahmad, who worked previously as a federal prosecutor in Brooklyn, is assigned to the case against former Trump national security adviser Michael Flynn. Last month, the Reporters Committee for Freedom of the Press asked the Supreme Court and the D.C. Circuit to unseal more information about the legal imbroglio. “It looks like it is the government that is resisting disclosure and that the company wanted the public to know that fact,” said Ted Boutrous, who is representing the Reporters Committee in its bid to unseal details of the case. “Absent some extraordinary order that we don’t know about, there is nothing stopping the company from revealing its identity and we are hoping it will do so now that its lawyers have gone on the record with their identity in this filing.” Boone and Kang did not immediately reply to a request for comment Friday. The government’s explanation of the need for some of the more extreme secrecy in the case, such as the deletion of prosecutors’ names and titles from the public record, has not been disclosed. However, in a Supreme Court filing last week, the Justice Department said it believed some more information in court filings there could be released without harming grand jury secrecy. A spokesman for Mueller’s office declined to comment Friday, but acknowledged that Meisler and Ahmad are assigned to Mueller’s team. POLITICO first reported last October that the court fight appeared to involve Mueller’s prosecutors. Shortly after a deadline on an appeal the firm was pursuing, a man entered the appeals court clerk’s office and said he needed a copy of the filing just submitted by the special counsel. The law firm representative refused to identify himself to a reporter who was present. Another hint came from records showing D.C. Circuit Judge Greg Katsas — who formerly worked as deputy White House Counsel under President Donald Trump — recused himself from the dispute. CNN has reported that it observed prosecutors from Mueller’s office emerging from Chief Judge Beryl Howell’s courtroom in September and October along with Kang and Boone. Kang’s page on the Alston and Bird website touts his involvement in Mueller-related matters. “Representing numerous entities and individuals in connection with Special Counsel Robert Mueller’s investigation into Russian interference with the 2016 presidential election,” the page says.
Story Continued Below
When the firm took the issue to the Supreme Court, Chief Justice John Roberts briefly stayed Howell’s contempt order and the $50,000-a-day financial penalty Howell imposed for defying her order. However, the high court lifted that stay several weeks ago. After that ruling, the two sides squared off again in front of Howell over whether she has power to enforce the financial sanction. She denied the firm’s motion to declare the order unenforceable, a docket made public this week shows. While the Supreme Court turned down the company’s bid for emergency relief, the firm’s petition asking the justices to review the lower court rulings remains pending at the high court. At a closed-door meeting on February 15, the justices are scheduled to consider what additional portions, if any, of the Supreme Court’s file on the dispute can be opened up. Disclosure: Gerstein serves on a governing board of the Reporters Committee. | ||
Facebook faces seven data probes as watchdog here to use tougher EU rules | ||
Stephanie Bodoni
Facebook faces seven separate data protection probes here as the Data Protection Commissioner looks to take advantage of new rules that allow the watchdog to impose hefty fines.
The investigations are among 16 cases targeting big technology companies including Twitter, Apple, LinkedIn, and also Facebook's WhatsApp and Instagram.
Data Protection Commissioner Helen Dixon told Bloomberg that many of the probes opened by the Irish and other EU regulators "are centered on the activities of very big internet companies with tens and hundreds of millions of users". That could ultimately be "a very large factor when looking at the scale of a fine". Regulators across Europe are looking to increase the level of fines they issue under the EU's new General Data Protection Regulation (GDPR), which allows penalties as large as 4pc of a company's annual revenue. A record €50m French fine against Google last month showed that watchdogs took the new guidelines seriously. "Undoubtedly, the Google fine is not the last of them," said Ms Dixon, who has been in the post since 2014. Ms Dixon is the Eurozone's key regulator, because of the fact that so many American tech companies have their European headquarters here, including Facebook, Twitter, Google and Apple. Google has appealed its French fine. Facebook didn't immediately respond to a request for comment and Twitter declined to comment. In December, Ms Dixon's office announced a second probe into several other breach notifications by Facebook. That probe also looks at a breach caused by a software bug that gave outside developers broader access to the photos of millions of users. Ms Dixon says she is aware that many of the decisions her office will make will act as a precedent. "They're not trivial, the cases we're deciding," she said, indicating that first decisions in open cases may come as soon as this summer.
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"We're at various concrete stages in all of them, but they're all substantially advanced," she said. "The soonest I am going to see an investigation report on my desk, which is when my role kicks in" to make a final decision on sanctions in case of an infringement "is likely to be June or July in the bigger cases".Scrutiny of Facebook has intensified with the revelations last year that the data of millions of users, mostly in the US and UK, could have ended up in the hands of Cambridge Analytica, a consulting firm that was linked to Donald Trump's US presidential campaign. | ||
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Three influential US Democratic lawmakers asked Treasury Secretary Steven Mnuchin to justify lifting sanctions against Russian aluminum giant Rusal and two related companies, a move they said leaves "many" unanswered questions.
Eliot Engel, the chair of the House foreign relations committee, asked in a tweet on Friday if lifting the sanctions was related to President Donald Trump's "business dealings in Russia" or his "cozy relationship" with Russian counterpart Vladimir Putin.
The tweet was accompanied by a copy of a letter dated January 29 asking the Treasury Department to "provide each of our committees with copies of all documents pertaining to the decision-making process."
The letter was signed by Mr Engel as well as Maxine Waters, the chair of the House financial services committee and Adam Schiff, who heads the House intelligence committee.
It requested that Mr Mnuchin comply with the request by February 5.
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The lawmakers wrote in the letter that Mr Manafort at one point "owed Deripaska close to $20 million and may have leveraged his position as campaign chairman to negotiate that debt in exchange for providing briefings to Deripaska related to the campaign".
The terms of removing the sanctions "are unusual and many questions remain unanswered," the lawmakers wrote, saying that they believe the oligarch and his family's ties with the companies allow him to keep de facto control.
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